An interesting case has hit the headlines recently where a solicitor has pretended to be a police officer to obtain CCTV footage of his ex-girlfriend, whilst she was dining at a well-known restaurant. This has raised interesting questions, not just about criminal behaviour, but about what employers should do when an employee’s actions outside of the workplace create potential risks for the business.
Employers tend to ask the same question in relation to this case: “If something happens outside work, can we take action?”
The answer to this question is: sometimes.
Employees are entitled to a private life, and employers should be careful not to judge or act simply because of something that happens outside of the workplace. However, there are times when employee conduct outside work can have a real impact on the employment relationship. Particularly, if it:
Affects the organisation’s reputation;
Breaks down trust and confidence; or
Creates concerns about the employee’s ability to carry out their role.
Examples of this may include an employee:
Being arrested for a serious offence;
Making offensive or discriminatory comments on social media;
Engaging in dishonest or fraudulent behaviour; or
Becoming involved in conduct that attracts significant media attention.
In those situations, employers may need to consider whether further action is appropriate. In more serious cases this may extend to dismissal for conduct outside work, though only where it is genuinely justified and fair. This is particularly important for businesses operating in professional or regulated sectors, where honesty, integrity, and public confidence are central to the role.
For employers, cases like this are a useful reminder of the importance of having clear policies and processes in place. When serious allegations arise, and to run a fair disciplinary process for misconduct, it is essential to:
Investigate fairly and thoroughly;
Follow a proper disciplinary process;
Consider the impact on the business and clients; and
Take advice before making a decision that could lead to legal claims.
There is also a wider lesson around protecting confidential information. Businesses regularly receive requests for personal data, CCTV footage, or sensitive records. Having clear procedures to verify identity and authority can help prevent information being disclosed incorrectly.
Employment issues rarely arise in isolation. They often involve a combination of employment law, regulatory obligations, reputational risk from employee misconduct, issues relating to data protection, and potential litigation risks. Obtaining legal advice at an early stage can help employers make informed decisions, reduce risk, and protect their organisation.
Our employment law solicitors for employers at Orwins support businesses with workplace investigations, disciplinary matters, dismissals, policies, and complex employee relations issues. As experienced workplace investigation solicitors, we help businesses navigate difficult situations with confidence while ensuring compliance with employment legislation and best practice.
If your organisation is facing a difficult employee matter, the earlier you take advice, the more options you have and the lower the risk of a costly claim. Whether you are dealing with a live situation or want to make sure your policies and disciplinary processes would stand up to scrutiny, our employment team can give you clear, practical advice and a plan of action.
