Deal with misconduct at work that is also the subject of a criminal investigation
- Where misconduct at work is also the subject of a criminal investigation, the employer should apply its disciplinary procedure in the normal way. However, in carrying out a disciplinary investigation, it will need to exercise caution to ensure that it does not impede police enquiries.
- Employers should be aware that, for the purposes of unfair dismissal, the standard of proof is different to that in a criminal case. The employer is required to show only a genuine and reasonable belief in the employee's guilt and not proof beyond reasonable doubt.