United Kingdom: Criminal issues in employment investigations

In brief

In a recent article for Compliance & Risk Journal, we explore the issues involved with investigating criminal conduct by employees. We also suggest ways of addressing those concerns, recognising that the employer is often involved in a delicate balancing act involving juggling different types of related risk.


Contents

Key takeaways 

The unwelcome news that one of your employees has been accused of a criminal offence often triggers an investigation and action by the employer, particularly if the allegations are connected to the employment environment itself. Additional concerns will arise if the offence was committed by an employee acting in the course of their duties, or in a specific capacity that could raise issues of corporate criminal liability. 

Employers need to understand the context and nature of the allegations and consider the impact of any regulatory requirements, even for apparently minor offences. There may also be serious reputational risks that will need to be considered. Where the alleged victim is employed by the same employer, that individual will need support, but may also qualify as a whistleblower.   

In addition to any internal investigation, employers may have to liaise with regulators, police or other external agencies, and procedures are further complicated by questions of timing and control of the investigation, while any dismissal may be career-limiting (or even career-ending), so employers must conduct a particularly careful investigation if they wish to avoid a finding of unfair dismissal.

Click here to access the full article and guidance for employers.

Contact Information
Rachel Farr
Knowledge Lawyer
London
rachel.farr@bakermckenzie.com
Mandy Li
Knowledge Lawyer
London
mandy.li@bakermckenzie.com

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.