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The key to defending disciplinary action over out-of-hours misconduct

Failing to show clear and objective evidence of the connection between employees' out-of-hours misconduct and the workplace is often where employers fall down when trying to defend claims, according to a lawyer.

Many court and tribunal decisions have upheld an employer's right to discipline or dismiss employees whose out-of-hours conduct has breached a workplace policy or otherwise had an adverse effect on the employment relationship, HR Law practice group leader Kristin Ramsey tells an HR Daily Premium webcast.

In those cases, she says, the employers have been able to connect the conduct and the workplace. That's the "essential issue" that can fall down in other claims...

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