Deal with misconduct at work that is also the subject of a criminal investigation
Key points
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.
