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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Employment Law
Satisfied Customers: 2250
Experience:  Dual qualified Solicitor and Attorney
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Son charged with Internet sex offences, can he be sacked by

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Son charged with Internet sex offences, can he be sacked by his employer (local post office/newsagent)
Assistant: Has the Son discussed this with a manager or HR? Or with a lawyer?
Customer: Just told employer after charge yesterday told to await decision
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees, very small staff. Husband, wife, my son and one other part timer, son works across all functions and has been employed over 15 years by them
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Son has Aspergers Syndrome and it is 2 years since initial search and questioning to charge

Hi thank you for your message, there is no general right to sack an employee because they have been charged with or convicted of a criminal offence. If there is no adverse effect on their suitability for the role the charge or conviction should have no bearing. Instead employers must consider the effect of the charge or conviction on the individual's suitability to do the job and their relationship with their employer, work colleagues and customers. Relevant matters include the nature of the offence, the nature of the person’s job, the extent to which it involves contact with other employees or the public, and the employee’s seniority or rank. Given your son has been working in this role I gather in the 2 year period since the alleged offending and it involves an allegation related to online sexual offences rather than something that could reasonably affect his work in a post office/newsagent then it might be considered unreasonable for him to be sacked on this basis. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

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