Can I get sacked from my job - charged with GBH?

SaraL

yes they can sack you if they want to for this - there's enough grounds they could contrive.

Don't forget the case is likely to be in the local paper, together with the name of your employer if that's disclosed in court (and there's nothing you can do, legally, to stop this - apart from hope there isn't a reporter in court!).

They would therefore have strong grounds for dismissal on the basis that you brought the company into disrepute.

If you've worked there less than a year, they don't need any reason to sack you.

Of course if you're denying the charge and you have been there more than a year then they can't sack you - until/unless you're convicted

nightowl

it will depend on your employers but it was outside working hours and unless you have brought that company into disrepute it should not matter you need to go to get help with your anger management though perhaps this would show the company you are sorry and trying to work it out good luck

zanderoy

If you are guilty the employer has to protect his employees If any thing happens on his premises he is liable

Mike C

You could get sacked if the employer feels that there is a chance that you could eg assault a customer in an argument or if you have brought your company into disrepute.

It is classed in law as `some other substantial reason`.

If you have less than a year in you have no unfair dismissal rights anyway.

If however if does not affect your working life [ie you work in a position where there is no chance that your will lose your temper] then they may give you the benefit of the doubt. It is not an automatic dismissal.

Cari

Hmmm ... I'm unsure of the situation since you already work there. If you were applying for a new job, then you would only have to disclose convictions if you're applying for a job:
as an accountant or barrister
in the police
working with children or vulnerable adults
relating to the administration of justice or financial regulation
If your employer wanted to make a background check, then they'd have to be registered with the CRB.

I would argue that based on this information, there's certainly no way that your employer could dismiss you for a conviction. I would also think that if you've been there for a while so they know you well, and you've always been a good employee, then they wouldn't want to dismiss you anyway.

However, I advise that you read your contract of employment and your employee handbook, and see if it says anything about it in there.

hr4me

If you have been served with notice that you have to appear in court then you should share that information with your employer. If it is only one day off from work, and if your attendance and work ethic with them has been good other than missing this one day it shouldn't be a problem.

If it's only one day off that you need you could call in sick that day unless you've missed a lot of work for other reasons it won't be a problem.

Answerer

Yes, committing a criminal offence is a dismissable offence. Think of it from their perspective, they want employees who are law-abiding and trust worthy. If you have committed a criminal offence then, in their eyes, you are neither of these things and they are well within their rights to sack you. I do not think they even need to argue that you brought the compnay into disrepute, I would imagine it is implied in your contract that you are trustworthy. You have no rights to fight them on this as they have reasonable grounds.

If you think the fact your in court may come out then talk to your employer, especially if there was mitigating factors. Talk to the Citizens Advice Bureau to see if they can suggest how to broach the subject with your employer and speak to the Job Centre to found out if you will be eligible for Job Seekers Allowance. Good Luck.

ian h

yes you can