Here are some crucial tips to manage such situations effectively:
- Evaluate Before Involving Police: Don't automatically involve the police for workplace criminal allegations. Only do so if you genuinely believe the accusation, if proven true, constitutes a crime. Consider all circumstances carefully before making this decision.
- Understand Burden of Proof: Employers have a lower burden of proof than the police. Employers must prove allegations on the ‘balance of probabilities’ (more likely than not), while police need to prove ‘beyond reasonable doubt.’ Lack of police action does not prevent internal disciplinary action.
- Employment Law Still Applies: Even with potentially criminal allegations, employment laws, including unfair dismissal rights and the ACAS Code of Practice, still apply. Ensure compliance with these regulations throughout the process.
- Employee Cooperation: If an employee refuses to answer questions to avoid self-incrimination, respect their choice. Forcing them could lead to constructive dismissal claims.
- Gathering Evidence: If an employee won't participate in the investigation, seek evidence through other means. Conduct a fair and thorough investigation to support your disciplinary process.
Timing of Disciplinary Actions: You don't have to wait for police proceedings to conclude before holding a disciplinary hearing. The ACAS Code of Practice advises acting ‘without delay.’ Prolonged delays can result in stale evidence and extended suspensions on full pay. - Document Decisions: If you decide to proceed with disciplinary actions despite police involvement, meticulously document your decision. Clearly explain why you chose to move forward, demonstrating that you considered the option of delaying.
By following these tips, employers can effectively manage disciplinary processes, even when police involvement complicates matters. For any assistance with these issues, please contact us on: 01635 896336 or hello@fentonelliott.co.uk
