03.09.10
Employers Need to Be Cautious while Taking Action against Employees Erring in Private Life
An employer-employee relationship is a tricky area of operation. This was highlighted recently in the case of John Terry’s dismissal from the position of captain of the English team, after the scandal of his adulterous affairs citing reasons of bringing disrepute to the team due to misconduct off field. The
Referring to this case, John Buchanan, an employment lawyer with Rothera Dowson Solicitors points out those employees should act in a responsible manner so that their actions do not adversely affect the reputation of their employers. But, if this happens then employers are within their rights to disciplinary action or dismiss an employee as the case may be. It is again both the duty and the responsibility of the employer to act in a fair manner in such instances.
John Terry’s action has created a lot of controversy but his conduct off the field has not affected either his work or his employer in a negative manner. For this reason, John Buchanan indicated his that he supported the decision of the Chelsea Club to allow John Terry retain his captaincy of the
The logic behind this action is that each person has a right to a private life and his behaviour in private should not be scrutinized by the employer, unless such behaviour affects the employer’s image in a negative manner. Before asking an employee to leave, the employer should have irrefutable proof that its image suffered due to the employee’s actions in his private life.
Mr. Buchanan compared Terry’s case with that of Adrian Mutu in 2005, where the Chelsea Football Club took a swift action against Mutu and sacked him after he tested positive for using drugs which were prohibited. He said that in his opinion, the decisions of the
The Chartered Institute of Personnel and Development is the professional body for those involved in the management and development of people. Workplace Law run CIPD courses throughout the
