{"id":1804,"date":"2015-06-08T14:03:36","date_gmt":"2015-06-08T14:03:36","guid":{"rendered":"http:\/\/ramsaypaterson.co.uk\/legal-comment\/?p=1804"},"modified":"2015-06-08T19:53:19","modified_gmt":"2015-06-08T19:53:19","slug":"allegations-of-misconduct-outside-work-must-the-employee-report-them","status":"publish","type":"post","link":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/allegations-of-misconduct-outside-work-must-the-employee-report-them\/","title":{"rendered":"Allegations of misconduct outside work \u2013 must the employee report them?"},"content":{"rendered":"<h2><span class=\"blue\">What is the legal development?<\/span><\/h2>\n<p>In certain circumstances, employees can be required to notify their employer of their own or others\u2019 misconduct. However, that obligation may not extend to allegations of misconduct. In a\u00a0<a title=\"Basildon Academies v Amadi and another \" href=\"http:\/\/www.bailii.org\/uk\/cases\/UKEAT\/2015\/0343_14_2702.html\" target=\"_blank\">recent case<\/a>, in the absence of an express term, the EAT refused to imply a term into the employment contract obliging employees to report any allegation of impropriety made against them.<\/p>\n<p>The claimant worked as a tutor for an Academy and a separate College.\u00a0 He was accused by a student of the College of sexually assaulting her. The claimant was suspended by the College, but did not inform the Academy (which only found out from the police).<\/p>\n<p>The claimant was dismissed for failing to disclose his alternative employment, and failing to notify the Academy of the allegation against him. The dismissal was found to be unfair, despite the serious safeguarding issues that arose.<\/p>\n<h2><span class=\"blue\">What does this mean in practice for employers?<\/span><\/h2>\n<p>While national standards now imposed on teachers may address this\u00a0concern, it has implications for any employers who seek to oblige employees to report serious allegations made against them, or even their own misconduct or that of fellow employees.\u00a0 To impose this obligation on employees, it needs to be very clearly addressed in contracts of employment and appropriate policies and procedures.\u00a0 Employers cannot simply rely on an implied duty.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What is the legal development? In certain circumstances, employees can be required to notify their employer of their own or others\u2019 misconduct. However, that obligation may not extend to allegations of misconduct. In a\u00a0recent case, in the absence of an express term, the EAT refused to imply a term into the employment contract obliging employees &hellip; <a href=\"https:\/\/ramsaypaterson.co.uk\/legal-comment\/allegations-of-misconduct-outside-work-must-the-employee-report-them\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Allegations of misconduct outside work \u2013 must the employee report them?<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/posts\/1804"}],"collection":[{"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/comments?post=1804"}],"version-history":[{"count":4,"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/posts\/1804\/revisions"}],"predecessor-version":[{"id":1809,"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/posts\/1804\/revisions\/1809"}],"wp:attachment":[{"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/media?parent=1804"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/categories?post=1804"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/wp-json\/wp\/v2\/tags?post=1804"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}