LRD guides and handbook November 2014

Unfair dismissal - a legal guide for union reps

Chapter 4

Dismissal for conduct outside work

[ch 4: page 39]

Employers can dismiss fairly for conduct outside work, but only if it relates in some way to work, usually by damaging the employer’s reputation.

An employer who wants to control what employees do with their own free time must spell out exactly what conduct is banned and the consequence of breaking the rules (Smith v Trafford Housing [2012] EWHC 3221).