Workers Should Only Be Sacked if Private Conduct Brings Disrepute to Organisation, Says Lawyer


The recent revelations of British footballer John Terry’s escapades outside his marriage has brought some issues regarding the relationship between an employee and employer to the fore. An employment attorney from the UK has said the case has raised some important questions about an employer’s duty to uphold the reputation of his organisation even while he is not at work.

John Buchanan of Rothera Dowson solicitors emphasises that a worker has the responsibility to maintain the integrity of his organisation and there may be instances when employers have to take stringent action against an employee, including dismissal, if the employee’s conduct outside work has had the effect of tarnishing the organisation’s image in the minds of people.

Although Terry was sacked as the captain of England’s national team, Chelsea retained him as the Chelsea team captain, a move supported by Buchanan. He says whatever Terry did outside the field was not the club’s concern, even though this generated a lot of public ire. Stressing that Terry’s off-field conduct has not brought disrepute to Chelsea, Buchanan says everyone has the right to a personal life unless his or her actions negatively affect the nature of their job or tarnish the name of the organisation they work for.

What employees do in their private life is not something that should be controlled by the employers unless that has a bearing on their work. He cautioned employers to be careful before taking disciplinary action against any worker. Buchanan also referred to the case of Adrian Mutu, who lost his place in the Chelsea team after he tested positive for a banned drug. Buchanan said courts had the right to decide such issues on the basis of the facts specific to the case, but extended support to the action taken by Chelsea in both Terry and Mutu’s cases.

Mutu’s contract was terminated in 2004 when he tested positive for banned substances. In 2009, a court ordered him to £14.7million to Chelsea for violation of the terms of contract.

The Chartered Institute of Personnel and Development is the professional body for those involved in the management and development of people; Workplace Law Training is approved to offer programmes that meet the standards for Associate membership of the CIPD. Contact the experts there to find out about the range of accredited CIPD courses, which can assist companies in training staff to be aware of the proper HR procedures for all kinds of workplace situations.


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