Dismissal: Off-duty Impact

In some cases, the nature of an employee’s conduct outside of work will make them unsuitable for the type of work being carried out. This might include where a shop assistant is guilty of theft from an unrelated third party; or where a teacher is guilty of an indecent assault outside of work. However, such situations will not always justify dismissal and whether this is fair and reasonable will depend on all the circumstances, and you will need to follow a fair procedure and act fairly and reasonably overall to avoid a claim of unfair dismissal.

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