When to call the police in a disciplinary process – 7 steps

Internal misconduct can sometimes lead to police involvement, complicating matters for employers. Here are some tips to navigate such situations:

1. Has a crime been committed?

Don’t automatically involve the police for criminal allegations at work. Only do it if you firmly believe the accusation, if true, would be a crime. Carefully consider all circumstances before deciding.

2. What is the “Burden of Proof”?

The employer’s burden of proof is lower than that of the police. You only need to prove allegations on the ‘balance of probabilities’ (more likely than not), whereas police require ‘beyond reasonable doubt.’ Lack of police action doesn’t prevent internal action.

3. Employment Law still applies

Even if an allegation is potentially criminal, employment laws, including unfair dismissal rights and the ACAS Code of Practice, still apply.

4. You need employee co-operation

If an employee refuses to answer questions to avoid self-incrimination, don’t force them. This could lead to constructive dismissal claims.

5. Gathering evidence

If an employee won’t participate in the investigation, try to gather evidence through other means. Ensure your investigation is fair and thorough.

6. Act ‘without delay’

You don’t have to wait for police proceedings to finish before conducting a disciplinary hearing. The ACAS Code of Practice advises acting ‘without delay.’ Delays can allow evidence to stale and prolong suspension on full pay.

7. Document every decision

If you decide to proceed with disciplinary actions despite police involvement, document your decision. Explain why you chose to move forward, showing you considered delaying.
These tips can help manage disciplinary processes effectively, even with police involvement.

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