That’s the call, isn’t it? The one that always comes out of the blue.
You’re halfway through your morning coffee, trying to get ahead of the day, when the phone rings. It’s about one of your employees; they’ve been arrested. And just like that, your entire agenda is out the window.
It’s a situation very few of us are genuinely prepared for, yet it’s becoming an increasingly real possibility. For any modern employer, the question isn’t *if* you’ll face a moment like this, but *how* you’ll handle it when you do. That old gut instinct might be screaming for damage control: a stern disciplinary letter, maybe even a swift dismissal. But honestly, those tired old scripts rarely serve you, or your people, well in the long run.
This is precisely where leadership needs to be about more than just ticking compliance boxes. It demands clarity, composure and a healthy dose of humanity.
🔹 1. First, take a breath. An arrest is not a conviction
My time in hospitality taught me one key lesson: the calmest person in the room is usually the one in control. The same principle applies here perfectly. An arrest doesn’t mean someone is guilty; it’s simply the beginning of a legal process. Your initial role isn’t to play judge, it’s to lead.
Here’s what that looks like in practice:
- Gather the facts before you react: Do what you can to understand the context. If the employee is in custody, you’ll likely have to wait. Patience here is a strategic tool, not a sign of weakness.
- Neutrality is your strength: You need to suspend judgment, not your basic decency. A knee-jerk reaction can damage your own professional integrity as much as theirs and rarely looks good should you end up in a tribunal.
Snap decisions might feel decisive at the time, but they have a nasty habit of unravelling later. A steady, measured response, on the other hand, reflects organisational maturity and builds invaluable trust with your entire team.
🔹 2. Running a fair internal review
While the legal system gets on with its work, your duty as an employer is to assess how this situation actually affects your business. This has nothing to do with guilt or innocence. It’s all about relevance and responsibility.
This is how I’d approach it:
- View suspension as a protective, neutral act
If the alleged offence is serious, you may need to suspend the employee with pay. This isn’t a punishment; it’s a safeguarding measure to protect the workplace and give you space to conduct a proper review. - Evaluate the impact on their role
Ask yourself the critical question: does the allegation compromise their ability to do their job or jeopardise the safety of customers, your brand’s image, or your legal standing? - Stay within your remit
You are not a court of law. Your responsibility is confined to organisational risk, business continuity, and the welfare of your staff. Stick to it.
Think of this as a prime opportunity to reinforce your organisation’s transparency and to demonstrate that fairness is something you practise, not just preach in a policy document.
🔹 3. Considering dismissal? Tread very carefully
Dismissal is the ultimate sanction, and it’s a decision that carries significant weight. Back in my automotive days, managing large operational teams taught me never to rush a termination. It’s not just about legal prudence; every departure sends a cultural ripple through the organisation.
Here’s what truly matters:
- Relevance to the role: Is there a direct link? A delivery driver arrested for drink-driving is a clear-cut problem. But for an employee in a role with no public contact? The context is entirely different.
- Reputational risk: If the arrest genuinely threatens your company’s public standing, particularly in a regulated or high-profile industry, that impact must be something you can measure and demonstrate, not just feel.
- Due process is non-negotiable: Even if dismissal seems appropriate, you must follow a fair, structured procedure. That means documented findings, a formal hearing, and giving the employee a proper right to respond. No shortcuts.
A dismissal handled reactively can do more harm than good. But when it’s carried out thoughtfully and for the right reasons, it affirms your organisation’s commitment to accountability.
🔹 4. The practical bit: What about pay?
This is often where the operational practicalities meet the ethical considerations. If an employee is in police custody and physically cannot come to work, you are typically not obliged to pay them for that time. How you handle it, however, speaks volumes.
Best practice is simple:
- Communicate with total transparency: Put all decisions about pay in writing. Avoid any ambiguity; clarity at this stage is crucial for maintaining professional trust.
- Document every single step: If a conviction occurs and a return to work is no longer feasible, you must follow your formal dismissal channels. Don’t ever assume their employment ends automatically.
Navigating this part carefully reduces friction, protects your business from a legal standpoint, and upholds your employer brand when things get tough.
🔹 A moment of crisis, or a defining cultural moment?
When a member of your team is arrested, it tests much more than your policies; it puts your entire culture under the microscope. Will you default to a defensive, fearful crouch, or will you lead with foresight?
Let’s summarise the modern leader’s playbook:
- Lead with calm: Resist the urge to make reactive decisions. Assess the facts methodically.
- Investigate with fairness: Focus squarely on the operational impact, not on making a moral judgement.
- Dismiss with integrity: Only when it is clearly relevant and necessary, and always by following a proper, due process.
- Communicate clearly: Always be clear, be professional, and document everything.
The old-school HR function might have prized a swift exit. But forward-thinking leaders see these challenging moments for what they are: a chance to reinforce your values, demonstrate fairness under pressure, and build a more resilient team.
It doesn’t matter if you run a hotel, a factory, or a tech start-up. The principle is universal: your response in a moment of extreme uncertainty defines the trust your people will place in you.
And that trust, earned when times are toughest, becomes the very cornerstone of a culture where your people, and your business, can truly thrive.
