Court hearings

[Chris]

I have a member of staff who I'm not convinced is telling me the whole story. He was in court this morning charged with 'resisting arrest' and he claims he has pleased not guilty so now it goes to trial. He claims he did nothing wrong and that the police attacked him.

Is there a website I can look up cases on? I've found law pages but it dosent seem to work for magistrates courts.

[KenONeill]

AIUI, to be charged with "resisting arrest", you must have committed another arrestable offence first.

[VRS Mike]

AIUI, to be charged with "resisting arrest", you must have committed another arrestable offence first.

 

 

Doesn't mean he necessarily committed another offence, but maybe the police thought he had!

[KenONeill]

Doesn't mean he necessarily committed another offence, but maybe the police thought he had!

Ok, "...you must be suspected of having committed another arrestable..." then.

 

Either way, the point is that you can not resist arrest unless and until an attempt has been made to arrest you.

[swedishskoda]

Innocent till proven guilty?

Don't want to tar the whole UK police force with the same brush, but undoubtedly there are individuals (as here in Sweden) who'll call even the smallest movement or hesitation "resistance" (and find colleagues who back their story).

You may of course have other reasons for questioning your staff member's trustworthiness, so watchfulness might be prudent. But in the particular case it might be wise to wait for the court's decision. Not two cases are alike.

[malcster]

Check the local paper

Our local magistrates list all court appearances on Twitter and on the website

[gadgetman]

Is this for unauthorised absence or for disciplinary action?

[StevesTruck]

Best thing to do is ask him to show you a copy of the summons. If you call the court, they'll be able to confirm whether he was in court.

Thinking from an employers point of view, you can only really be worried about it from an absence point of view at this stage as he hasn't been proven to have done anything wrong. Even if he has, and it was outside of work, does that really effect his ability to do his job?

[Gwilo]

In the eyes of some employers, such as the Civil Service and NHS, the various codes of conduct are applied to personal/private life and if your conduct can be defined as bringing the department or organisation into disrepute, you are liable to be dismissed.

Perhaps that's why the OP is asking, to get all the facts, rather than simply that of the employee, which from the post, gives some, but not all the information, possibly because he has reasons to be cagey.....

[VRS Mike]

before doing anything I would speak to a HR professional, you could open yourself up to being sued!

[kilted]

In the eyes of some employers, such as the Civil Service and NHS, the various codes of conduct are applied to personal/private life and if your conduct can be defined as bringing the department or organisation into disrepute, you are liable to be dismissed.

Perhaps that's why the OP is asking, to get all the facts, rather than simply that of the employee, which from the post, gives some, but not all the information, possibly because he has reasons to be cagey.....

With regards to certain professions within the NHS, the codes of conduct state that even if charged you must notify your employer (whether or not the charge is proven or not). Failure to do so can be a reason for action to be taken both with regard to professional certification and employment.

[StevesTruck]

He's retail though, not NHS.

The mark of the type of manager you are is shown by which of the following options you choose :

A: make the guys life harder

B: keep out of the situation

C: support your team member

[Chris]

I'm not looking to cause issues..but he claims he did nothing and was arrested for resisting arrest. Now, as has been said he must have been doing something to warrant them trying to arrest him.

I'm a retail manager, I have responsibility to keep my staff and customers safe. If he had beaten someone to a pulp, I'm potentially putting my staff and customers at risk. I don't know the facts..and that's all I'm trying to establish. The fact he is being very cagey concerns me.

Equally, I wouldn't nessesarily do anything until the courts decided, as has been said, innocent until proven guilty but I need to be aware..

[gadgetman]

I'm not looking to cause issues..but he claims he did nothing and was arrested for resisting arrest. Now, as has been said he must have been doing something to warrant them trying to arrest him.

I'm a retail manager, I have responsibility to keep my staff and customers safe. If he had beaten someone to a pulp, I'm potentially putting my staff and customers at risk. I don't know the facts..and that's all I'm trying to establish. The fact he is being very cagey concerns me.

Equally, I wouldn't nessesarily do anything until the courts decided, as has been said, innocent until proven guilty but I need to be aware..

I doubt customers and staff are at risk unless he's had a skinfull - which is when I imagined whatever it is happened.

Probably being cagey because he thinks he'll get the sack.

[mac11irl]

Tbh, id ask him to come in for a chat, and ask is everything alright etc. (Tell him bring a colleague too if hed feel more comfortable, put him at ease that he wont be misquoted or whatever and then binned off) explain that you would like to be aware of whats happened, that nothing will be done until after any legal proceedings are finalised and that until then work will carry on as normal, but you would like to be kept up to date, in case he needs time off or something at short notice.

Be accomodating (as far as possible) and rserve judgement until an definite outcome is clear.

He may then be more willing to explain what happened in a bit more detail

[KenONeill]

Tbh, id ask him to come in for a chat, and ask is everything alright etc. (Tell him he should bring a colleague too, to put him at ease that he wont be misquoted or whatever and then binned off) explain that you would like to be aware of whats happened, that nothing will be done until after any legal proceedings are finalised and that until then work will carry on as normal, but you would like to be kept up to date, in case he needs time off or something at short notice.

Be accomodating (as far as possible) and rserve judgement until an definite outcome is clear.

He may then be more willing to explain what happened in a bit more detail

THIS!!

 

Also, have a representative yourself. The 2 reps are there as witnesses to what is said by you both, and should not attempt to "take part" in the conversation (which covers the practicalities of this becoming part of a formal disciplinary or being cited at industrial tribunal).

[crampedsky]

I think you need establish what information you are legally entitled to, if any at all. Once you have that information you can proceed accordingly but otherwise you may leave yourself exposed to being accused of privacy infringement or unfair treatment.