If you're an employer, chances are you'll face one of these situations or situations similar to these:
But the big question is: Can you discipline an employee who has committed an offence whilst off-duty?
The short answer is 'yes, you can'.
Here's what the courts say about disciplining an employee for off-duty misconduct
The court's approach to off-duty misconduct is that generally this isn't your business, explains the Labour Law for Managers Loose Leaf Service.
BUT the Loose Leaf Service adds there must be a sufficient link between your employee's conduct and your business.
Basically this means, your employee's non-work related conduct must have a detrimental or intolerable effect on the efficiency, profitability and continuity of your business before youcan take action.
If there isn't this link, your employee's conduct is likely to be non-work related conduct or, as it sometimes termed, 'off-the-job conduct'.
It's up to you to establish that you have a reason to justify disciplinary action against your employee.
Here are some examples where an employee's conduct may have a detrimental effect on your business:
The bottom line: You can discipline an employee for off-duty conduct as long as there's a sufficient link between your employee's conduct and your business.