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?

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