The Times (on its website) has used the recent example of Mark Garlasco, a senior military analyst at a human rights organisation who was suspended when his employer found out that his hobby is collecting Nazi and other war memorabilia, to look at what an employer should do when an employee has an unusual or embarrassing hobby outside work.
As the article points out, most large employers have it written into employees' contracts of employment that they shouldn't do anything outside work that brings the organisation into disrepute. However, problems often occur when the clauses are widely worded and it is uncertain whether or not the particular activity is prohibited or actually has an adverse impact on the employer. As the Times says, it often depends on the circumstances: the same hobby that might be frowned upon for a school teacher might be OK for a filing clerk.
Employers should also be aware of human rights/privacy issues and falling foul of religion or belief discrimination legislation, particularly given the wide definitions that employment tribunals are giving to what constitutes a religion or philosophical belief.
Other outside interests that have caused employers to take or consider taking action against employees include:
- Witchcraft and wizardry (on the BBC website) A teaching assisting and practising white witch who claimed she was sacked for her beliefs settled her employment tribunal case.
- Erotic novel writing (on the Daily Telegraph website) A lawyer at city law firm Allen & Overy was dismissed for publishing a "highly erotic novel" online.
- Sadomasochism [subscription required] A probation officer who engaged in sadomasochistic activities in his spare time and had photos of these published on the internet did not have his human rights breached when he was dismissed, said the Employment Appeal Tribunal.
- Dangerous sports (on the HR Space website) It has been asked on the Personnel Today HR Space forum whether or not it is legitimate for an employer to take action against an employee who has missed long periods of work after frequently being injured when motorcycling.
| Tweet |
|
| Permalink | Email this |
