What do HR policies say about employees who are on trial or facing criminal charges?

Can you terminate an employee if they have been charged with a criminal offence? As with most things HR — it’s rarely clear cut, and this kind of situation is no exception. It does depend on the crime and whether they are convicted. There is a distinction between the two. Most importantly however is whether there is a “relevant connection” between any criminal offence committed by an employee, and their actual employment duties, as well as the procedure you follow in seeking termination.

Someone who has simply been charged has not yet had their day in court to defend themselves. If they are charged and later escape conviction, dismissing them could be seen as unfair as it was a premature decision. Moreover, is there a connection between their employment and the offence that was committed outside of work? If this offence was committed at work, then an employer must deal with the matter through the proper disciplinary procedure. Extra caution must be taken if your employee has been charged with an offence outside of the workplace.