Criminal convictions should not automatically result in dismissal

4th November 2011

In the recent case of Towart v Northumberland Tyne and Wear NHS Foundation Trust it was found that Mr Towart's dismissal was unfair after he was dismissed for two relatively minor criminal convictions.

Mr Towart worked as a mental-health support worker from 2001 and in that time forged an excellent reputation for helping vulnerable adults. However, upon searching Mr Towart's house for stolen goods in 2009, the police found a small quantity of cannabis and an air rifle that had been Mr Towart's for a number of years. He was subsequently charged with possession of an illegal substance and possession of an illegal firearm.

Mr Towart informed his employer of the situation and he was suspended pending the outcome of the criminal proceedings. Mr Towart was keen to stress to his employer that the cannabis was not his and that the air rifle was legal when he purchased it, but became illegal after a change in the law.

Mr Towart was open and honest with his employer throughout the proceedings. He pleaded guilty to both matters upon legal advice and received an absolute discharge for cannabis possession and a £200 fine for possession of an illegal firearm. He provided all this information to his employer immediately.

After considerable delays the Trust held a disciplinary meeting and stated that because of the "serious nature" of both offences, they had lost trust in Mr Towart's ability to care for vulnerable adults and dismissed him.

The tribunal found that the Trust's decision to automatically dismiss Mr Towart after receiving a criminal conviction was "close minded" and subsequently unfair. They concluded that this was the wrong approach and the Trust should have taken into account Mr Towart's considerable mitigating circumstances when reaching a decision.

This is another example of why an employer should consider every aspect of an employee's record when considering whether to dismiss and the importance of not jumping to quick conclusions.

For further information, please contact employment@thomas-carroll.co.uk or telephone Kelly Ladd on 02920 853731.

Disclaimer: This article is designed to keep readers abreast of current developments. It is not intended to be a comprehensive statement of law and specialist legal advice should always be sought in relation to any particular circumstance. Therefore, Thomas, Carroll Management Services is unable to accept liability for any errors or facts or opinion contained within.