What to do if a staff member gets arrested

Question: What would you do if an employee informed you they had been arrested and released on bail pending an investigation?

It’s a challenging situation that requires a measured and legally sound response. Acting too quickly—such as an immediate dismissal—can expose your organisation to significant legal risk.

When the Arrest is Unrelated to Work

If the alleged offence has no connection to the employee’s role—such as a driving offence when driving is not part of their job—it is unlikely that disciplinary action would be appropriate. In these cases, employers should avoid unnecessary intervention.

When the Allegations Impact the Workplace

In some situations, the alleged offence may raise serious concerns about the employee’s ability to perform their role. For example, if an employee working with children or vulnerable adults is under investigation for possessing inappropriate material, the employer must act decisively to protect the organisation and those it serves.

Key Steps for Employers:

✔ Conduct an internal investigation – Assess the nature of the allegations and determine whether suspension is necessary. In high-risk cases, immediate suspension may be justified.
✔ Engage with the police appropriately – While it’s essential to avoid interfering with an active police investigation, employers must not delay internal procedures indefinitely.
✔ Make independent decisions – Employers should not wait for the outcome of a criminal trial before taking action. A fair, thorough internal process will allow you to reach your own conclusion.

Handling complex employee issues requires careful handling to minimise risk and protect your organisation. If you need guidance, P2HR is here to help. Contact us to discuss how we can support you and provide expert advice tailored to your organisation.