banned from premises

[tali122]

an employee was suspended from work due to gross misconduct and was banned from entering work premises , eventually the person was sacked - would they be banned permantly from their sacked place of work -even if it is a public building?

[Ward-Minter]

Depends on the what you mean by "public"? If it is a libary for example, the senior person there will need to apply for an injunction for the ex-employer not to enter. Unless, such a situation was stated in the original work contract. i.e "if dismissed from work, you shall not enter the premises again".

Obviously all "staff" areas are "private" as will information relating to the building be confidential. Even if she enters these areas with no criminal intent for anything they will be a civil trespass offence.

Just a final note, if they enter the building and their is a likelihood a "breach of the peace" will occur, then under common law she will be committing an offence whether public or private.

Hope this helps.