ABSTRACT
This chapter considers the interaction of the criminal justice process with the operation of the employer’s disciplinary procedures in the context of an employee suspected of having committed a criminal offence such as theft or fraud. The wrongful acts may have been committed against the employer or a third party. A major concern in such a situation is often to avoid prejudicing potential criminal proceedings. However, a competing concern is often for an employer to avoid delaying unduly internal disciplinary proceedings. The case law and official codes of practice and guidance discussed in the chapter set out some guidelines for employers, in particular with a view to avoiding procedural steps which may result in a dismissal being held to be unfair under the Employment Rights Act 1996.
