My Employee is in Prison - How Do I Handle It?

Posted in : How do I handle it NI on 16 December 2022
Emma Doherty
Tughans LLP
Issues covered: Procedures and Policies; Unfair Dismissal

“We have an employee who has recently been arrested and charged with a criminal offence after becoming involved in an altercation outside a bar during the festive period. The employee is currently remanded in custody, awaiting trial and is therefore unable to fulfil their work duties. We are understaffed as it is and do not know how we are going to manage with one less employee on the team. How should we approach this?"

In circumstances where an employee is in prison, various difficulties arise for employers, the most evident being that the employee is unavailable for work. Despite operational difficulties, there is also a risk that as an employer you/the business could face reputational

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This article is correct at 16/12/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma Doherty
Tughans LLP

The main content of this article was provided by Emma Doherty. Contact telephone number is +44 (0) 28 9055 3337 or email

View all articles by Emma Doherty