Where an employer is carrying out a disciplinary investigation into an employee’s misconduct at work, what are the implications if the police become involved?

Posted in : First Tuesday Q&A NI on 7 March 2017
Chris Fullerton
Arthur Cox NI
Issues covered:

The initiation of criminal proceedings and police involvement can have certain implications in terms of how a workplace investigation is carried out. It is important to note that an employer must generally make its own enquires despite the commencement of a police investigation. The employer cannot, for instance, simply conclude that an offence has been committed where an employee has been charged with a criminal offence. Dismissal is an employment and not a criminal matter. The key issue for employers, as in all such disciplinary matters, will be to carry out a reasonable investigation.

There may well be circumstances where an employer might have to consider whether its own internal

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Back to Q&A's This article is correct at 07/03/2017

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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