Firm News and Blog

Welcome to our latest news and blogs page. Click to read the latest articles below or browse by category on the right.

Case law: Employee under no implied duty to report police investigation against him to his employer


Employers who want employees to self-report criminal allegations against them and/or police investigations unrelated to their jobs, should ensure their contracts of employment expressly require this, following a recent ruling.

 

A college dismissed an employee after discovering he had been investigated by the police for an alleged sexual assault against a student at another school, where he had also been working -without the college's permission. The allegation was not proved.

 

The college dismissed him on the basis that he was under an implied duty to disclose any allegations of impropriety made against him, whether or not they related to his job at the college, and had failed to do so.

 

The Employment Appeal Tribunal (EAT) disagreed. It ruled that employees were not under any implied obligation to report such allegations or police investigations, where there was no conviction or caution, unless they believed they were guilty of actual misconduct.

 

The college had also argued there was an express obligation to report such allegations in his contract of employment. The EAT said it could not find any such obligation in the contract in the circumstances, which were that the employee did not believe he was guilty of misconduct, and he had been neither convicted nor cautioned.

 

Operative date

  • Now

Recommendation

  • Employers who want employees to self-report criminal allegations made against them and/or police investigations, unrelated to their jobs, should ensure their employees' contracts of employment expressly say they must.

Case ref: The Basildon Academies v Amadi & Anor UKEAT/0342/14/RN

For advice on any aspect of Employment Law, please contact Guy Salter, Head of Employment, on 01905 723561.

 

Added: 21 Jul 2015 14:16


Back To Blog

Who would you like to see?

Request