Employers’ Dilemma about Employee’s Personal Conduct Highlighted by John Terry Case
John Buchanan, employment lawyer with the firm Rothera Dawson Solicitors, has pointed to the recent case of John Terry as another example in the discussion relating to the extent of an employee’s responsibility to maintain the reputation of his employer.
Terry faced stinging public criticism after his extramarital affairs came to light. The Chelsea Football Club decided to retain him as the captain of the
However, in Adrian Mutu’s case, ex-footballer with the Chelsea Football club, the situation was different. Mutu had tested positive for a banned drug in 2004 and the court ruled against him after a five year legal tussle, although the club had already dismissed him after the incident occurred in 2004. The court told Mutu to pay Chelsea Football club £14.7m back for breach of contract. The case of Adrian Mutu is a classic example where the conduct of an employee may bring disrepute to the employer and then the employer may choose to take appropriate disciplinary action against the concerned employee, which may lead to dismissal or suspension.
In case of the relationship between the employer and the employee it is mutual trust and good faith on which it rests and an employer should be cautious while taking any action against the employee which is based on acts committed by the employee in his personal life, unless it is proved beyond doubt that such acts were detrimental to the employer’s repute and image.
The Chartered Institute of Personnel and Development is the professional body for those involved in the management and development of people. Workplace Law run CIPD courses throughout the