convicted

[Neenee]

we had an interesting discussion in our local if a person is sacked for going into prison whilst employed can a claim for unfair dismissal be sought. The case in point is a betting shop manager is convivted for protecting his daughter in a non work related incident?

[Ethel]

No it can't.

A person is in breach of contract if not available to work the contracted hours.

There are limited exceptions, and being in prison isn't one of them.

[buildersmate]

As in any situation where the employer was considering whether to dismiss an employee, it would have to operate within its established procedures. However if the employee is unable to fulfill the job function, the employer could dismiss fairly on grounds of Capability, or possibly 'Some Other Substantive Reason' both of which are valid reason for dismissing an employee. In that case a claim for unfair dismissal would fail. Some Other Substantive Reason is used to dismiss, for example, if a driver lost his/her licence and would be unable to drive for say 12 months. The scenario you indicate is perhaps similar.

[Rock'n'Roll]

maybe it would depend on the information he put on job application form. If it asks has the person any criminal record and the person lies,then that may be a cause for dismissal. I know years since,it used to be the case at Post Office

[Rock'n'Roll]

sorry I mis-read the question. I hadn't noticed he was already employed at the firm. If it's only for a short time and the management are sympathetic with the reason,then perhaps they could have left the vacancy open until his return,but Ethel,I guess is correct

[juddlinski]

I've never heard of anyone convicted for 'protecting their daughter'.

I gather you mean he viciously assaulted some innocent bloke that looked at his daughter the wrong way in the street? Serves him right.