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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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FAO Ben Jones following on from our conversation this morning.

Resolved Question:

FAO Ben Jones following on from our conversation this morning. If I receive a custodial sentence can my contract be terminated? If terminated will this be a as per my contract? I have to give three months notice and so do I. If they class as misconduct does the notice period apply? Also they cannot locate my contract of employment. I have a photocopy of this. Will a photocopy suffice?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

again, as a starting point you can look at the ACAS Code of Practice, which employers should follow: "If an employee is charged with, or convicted of a criminal offence this is not normally in itself reason action. Consideration needs to be given to what effect the charge or conviction has on the employee's suitability to do the job and their relationship with their employer, work colleagues and customers".

Saying that, there is case law to support a different argument, where an employer dismissed an employee who was in prison, even where the offence was unrelated to his employment and the duration of the sentence could not be said to frustrate the contract.

So dismissal is possible although it is impossible to predict that yet and you will have to wait and see what the employer does in the circumstances.

If they do go ahead then it will be as per your contract, so they would need to issue you with the required notice period of termination. This would apply unless you were guilty of gross misconduct so check to see if anything which has happened to you has been classified as gross misconduct example in your contract.

And finally, a photocopy an suffice if necessary as long as it shows what the relevant terms are.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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