What to do when an employee is arrested?

If an employee is arrested, this can be unsettling for all parties concerned. It should be recognised that an arrest is not the same as a charge, and a charge is not the same as a conviction. It has been reported that more than 12.5 million people in the UK have a criminal record, but fewer than one in 10 are sent to prison. The majority of sentences are fines and community orders, or other low-level outcomes.

An employer should remain cautious and not act too quickly as this could lead to unnecessary risk for both parties. The reaction of the employer could set the scene and tone for everything that follows. All employees should be encouraged to be open and honest with their employer/manager when such matters arise.

It is essential to understand the difference between each point in the legal process. The police may arrest someone based on reasonable suspicion. Charges are only brought forward when the evidence supports a prosecution. A conviction only occurs when there is a guilty plea, or a court finds the person guilty.

Disclosure of arrests or convictions should not sit within disciplinary procedures unless the offence involves the employer. It would be recommended that a separate policy or clause sets out when employees must notify you, who they should inform, what support is available and how their information will be handled. It should also explain how different situations will be managed, from minor incidents outside of work to matters with direct business impact.

Contact 121 HR Solutions to discuss a review of your current policies and procedures to ensure compliance with current legislation along with best practice within your workplace – call one of our CIPD qualified consultants on 0800 9995 121.

What to do when an employee is arrested?

121 HR Solutions Ltd