Rioters – to fire or not to fire (pun completely intended)

HR spy has had a holiday and returned to find the UK in disarray, with riots breaking out at the drop of a hat and widespread looting! Now the initial shock is starting to dissipate employers are finding themselves facing some tricky issues. The question of employee absence being one – ‘I was too concerned by the potential for rioting to come into work in case I couldn’t get home’, being the easy one. The more difficult question being what to do with an employee whose face appears on one of the many “wanted” mug shots appearing in the press. To fire, or not to fire – to pardon the pun! There is established case law to indicate that conduct outside work can amount to misconduct for the purposes of a fair dismissal, particularly if it brings the employer into dispute. Not to mention that employees are likely to be hard pressed to find a sympathetic Tribunal Judge! Lets wait and see – undoubtedly there will be some employment cases flowing from recent events.