The Money Gang

The Money Gang

Employee’s Actions in Private Life Should Not Lead to Sacking Says Lawyer


The John Terry incident has again raked up the questions regarding whether it should be a duty of an employee to safeguard the reputation of his employer outside the work boundaries, says a lawyer. John Terry was fired from his position as captain of the England team some time back, but he will continue to lead Chelsea.

John Buchanan, a solicitor at Rothera Dowson solicitors, emphasized that the employees have a moral duty to uphold the faith of their employer, and should remain truthful to them. In incidents where misadventures in the personal life of an employee put the employer’s reputation at risk, the employer has the right to take disciplinary action against the erring worker.

He commented that since Terry’s adulterous behaviour in no way affected the reputation of Chelsea, the decision they took to let him remain the captain despite biting criticism from the public was correct. Buchanan said that there was no relation between his conduct in personal life and what he does professionally, and therefore, unless his behaviour has an adverse impact on his job, he cannot be penalized.

Buchanan further explained that what employees do in their personal lives is their own business, unless it directly affects their jobs. Therefore if an employer wants to sack a worker on the basis of the worker’s personal life, he has to be very careful and should avoid such extremes unless he has solid evidence that the worker’s actions have harmed the reputation of the organization.

Adrian Mutu was swiftly fired by the Chelsea Football Club when he tested positive for a drug that could have enhanced performance. Mutu’s termination and Terry’s retention were both correct decisions by Chelsea and even the courts handle such issues in a similar manner.

Chelsea fired Adrian Mutu after he tested positive for drugs. Mutu was eventually ordered to pay a sum of £14.7 million to the club for breaching the contract after a five-year legal tussle.

The CIPD Certificate in Employment Relations, Law and Practice (CERLAP) provides a firm foundation in all the areas of HR and employment law. It provides a comprehensive understanding of the law to allow organisations to set their own policies and procedures in context.


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