Employers have limited grounds to dictate their employees’ behaviour outside of work. This understanding emphasises the importance of personal autonomy and privacy in individuals’ lives beyond the workplace. Once an individual’s working hours are over, they rightfully claim that time as their own. At this point, the level of control exerted by the employer significantly diminishes. Of course, there are certain exceptions to this rule, particularly when an employee’s behaviour adversely impacts the company’s reputation. Let’s have a look at when you can dismiss employees for inappropriate behaviour outside work.
What behaviour is classed as grounds for dismissal?
As an employer, it is natural to have certain expectations regarding the conduct of your employees during work hours. However, it is equally important to consider how they represent your company even outside of their working hours. After all, their actions and behaviour can still reflect on your organisation’s reputation.
Usually, an employee’s behaviour outside of work is not grounds for dismissal. However, if the following has occurred then it can be:
- affects an employee’s ability to do their job well
- negatively impacts key business relationships
- could cause damage to the business’ reputation
In the unfortunate event that any of these circumstances arise, it is important to note that employees may be subject to disciplinary action, and in severe cases, even face the possibility of dismissal.
When it comes to situations like these, finding the right balance is crucial. On one hand, employees have a right to maintain their privacy, while on the other hand, employers have a duty to safeguard their business interests. It’s important to navigate this delicate relationship with tact and respect for both parties involved.
Screening Employees When Recruiting – Prevention Is Better Than Cure
The impact of social media on employee behaviour in the workplace cannot be underestimated. It holds immense influence over how employees present themselves, making it a crucial aspect for employers to consider during job interviews and beyond.
In the modern era of technology, employers have a unique opportunity to delve into the online presence of potential candidates. With platforms like LinkedIn, Facebook, and Instagram readily available, employers can gain valuable insights into an individual’s personal life. This enables them to assess whether or not a candidate aligns with the company’s values and culture.
It is an advantageous tool that allows employers to make more informed hiring decisions in today’s digital age.
Common Inappropriate Behaviour
Throughout the years, case law has successfully addressed various challenges regarding the effects of off-duty conduct on the employer-employee dynamic.
Social media use
There have been several notable cases where employees have faced challenges due to their social media activities outside of work:
- A British Airways employee was justifiably terminated for publicly criticising the airline on Facebook
- An individual employed by Apple was justly terminated for publicly criticising an Apple app
- there have also been cases where inappropriate content on personal email addresses has been forwarded to work contacts and has resulted in justified dismissal
However, there are also a number of reported cases where dismissals for social media posts outside of work have been judged to be unfair.
The outcome of legal cases often hinges on the specific details and circumstances involved, particularly in employment matters. The level of harm done to the working relationship will be a crucial factor considered during these proceedings.
Creating a well-crafted policy that outlines the acceptable boundaries for employees’ personal social media usage is the first line of defence for employers. It ensures that everyone is on the same page and promotes responsible online behaviour, protecting both the company’s reputation and its employees.
Criminal behaviour
According to the ACAS Code on Disciplinary and Grievance, if an employee is “charged with, or convicted of, a criminal offence, this is not normally in itself a reason for disciplinary action”.
The code also states that consideration should be given to:
(i) the impact of a conviction on the employee’s continued suitability to do their job;
and (ii) existing working relationships.
It is evident that certain criminal convictions could have a detrimental impact on one’s reputation, potentially warranting dismissal.
Convictions can play a significant role in the DBS checks and regulatory approvals necessary for specific positions. It is crucial to understand that these convictions can have an impact on one’s eligibility for such roles, highlighting the importance of maintaining a clean record to secure these approvals.
In cases where an employee is sentenced to a lengthy prison term, it is common for their employment to be terminated. This can occur either through dismissal or the contract being frustrated.
Work functions
While employees might see work functions as a chance to let loose, their behaviour during these events can raise concerns for employers. Even though it may not be considered part of their day job, their actions at these gatherings can have an impact on the overall reputation and well-being of the company.
Hosting events and functions can often attract clients and prospects, presenting a valuable opportunity to make connections. However, it is important to note that any inappropriate or offensive behaviour from employees during these gatherings can have severe consequences for the company’s reputation. Taking disciplinary action in such cases is not only justified but necessary to maintain a positive image for your business.
Furthermore, it is crucial to consider whether these events are attended as part of an employee’s job responsibilities. If they are, employers may be held liable for any inappropriate conduct displayed by their employees, potentially leading to legal claims against them. This poses a significant risk that employers must consider.
Responding To Inappropriate Behaviour – Protecting the Business’ Reputation
When it comes to assessing employee behaviour, employers recognise the clear distinction between an employee enjoying a few drinks during a night out and behaving in a disorderly and abusive manner.
It is essential for employers to make this distinction to ensure appropriate actions are taken based on the severity of the situation. When you make the decision to hire a candidate, it is with the implicit understanding that they are someone who shares the same values and beliefs as the company, both on and off the clock.
It is crucial to handle such situations promptly and effectively to minimise any potential harm. Unfortunately, instances of online trolling, football hooliganism, abusive behaviour, and drunken fights have become all too common. These incidents often result in the company the individual is associated with being named and shamed on social media platforms. It is crucial for businesses to be aware of these potential risks and take proactive measures to protect their reputation.
To ensure fairness in dismissals, it is crucial to follow a comprehensive and impartial process that includes independent investigations, disciplinary hearings, and the right to appeal. This will help employers demonstrate procedural fairness when challenged at tribunals, where the elements of fairness and reasonableness will inevitably be scrutinised.
In any case, the evidence must be very strong.
Setting Expectations from the Start
As previously mentioned, by introducing policies that clearly define expectations for personal conduct outside of the workplace, and outlining the repercussions for any violations, organisations can establish a framework to uphold desired behavioural standards. This proactive approach will help set clear guidelines and ensure that employees understand what is always expected of them.
This will also play a significant role in defending tribunal claims when employees are terminated due to their out-of-work behaviours. Employers can ensure that the reasons for dismissal are communicated clearly and effectively, strengthening their case and providing a strong defence against such claims.
Contact 2i Recruit