Crime and Contracts
This week has seen the BBC report on the impending employment tribunal claim brought by Roger Kearney following his dismissal from his employers, Royal Mail.
Roger Kearney was convicted of murder in 2008 and sentenced to life imprisonment with a 15 year minimum tariff. Royal Mail is reported to have terminated Mr Kearney’s employment in line with their procedures, although Mr Kearney is now challenging his dismissal as unfair. This case raises an ever occurring situation where employers have to grapple with what to do with an employee’s continued employment where they are convicted of criminal offences and imprisoned in consequence.
We have taken this opportunity to speak with Hazel Beeston who is one of the team leaders amongst the Employment Law team at Bibby Consultancy and Support. Hazel explained that “in the old days, imprisonment was simply seen as a frustration of contract, in that the employee was prevented from completing his or her work because they were in detained in jail, and hence the contract automatically ceased.”
However, Hazel went on to explain that “these days, the Courts and Tribunals steer away from frustration in these circumstances, and instead tend to expect employers to go through their dismissal procedures where termination of the employment is warranted. The ACAS guidance on disciplinary and grievance, which supplements the Code of Practice, contains guidance on dealing with criminal convictions.”
Asked what are the main considerations in cases such as these, Hazel explained that “the length of the prison sentence is often one of the most determinative factors, but employers need to ensure that they go through a fair process and act reasonably throughout this process. Any procedure will almost always require the employee’s involvement, and given that the employee is likely to be detained against his or her will, this can often prove difficult in itself. However, there are ways around this, and all clients benefit from our experience and expertise in this area.”
Bibby Consulting and Support have a team of experienced advisers available to help employers navigate around the complexities posed in cases of employee imprisonment. If you are an existing client, please call one of the team today on 08453 100 999 quoting your PCN number. If however you are not yet a client of Bibby Consulting and Support, but would like to learn more about the services that Bibby Consulting and Support provide, please call Katy Vaughan today on 08453 100 600 for your free no obligation quote.
This News Release is intended to provide a general overview and discussion of the subject matter. It is not however, intended to give advice or to act as a substitute to taking legal advice from our Support Line in any specific situation. Bibby Consulting & Support accepts no liability or responsibility for the information contained within this news release. If you would like specific advice about this subject matter, please contact one of the Employment Law Team today on 08453 100 999.
