Legal News

Risk that employee has committed relevant criminal offence does not make dismissal reasonable (K v L)

Published on: 04 September 2020
Published by: LexisPSL
  • Risk that employee has committed relevant criminal offence does not make dismissal reasonable (K v L)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: The fact that there is a risk that an employee has committed a relevant serious criminal offence is insufficient in itself to make it reasonable to dismiss for that reason, even if the employee is a teacher and the offence is possession of indecent images of children. The employer must reach a decision on the facts, applying the balance of probabilities, as to whether the misconduct occurred. In addition, if an employer is going to rely on reputational risk as a reason for dismissal, then it needs properly to notify the employee that that is a reason, to allow a chance to respond to it on that, according to the EAT. or take a trial to read the full analysis.

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