Employees Behaving Badly: What Employers In The Channel Islands Are Really Doing

At our recent two-day employment law seminar in the Channel Islands, senior HR professionals and business leaders came together to explore one of the more nuanced areas of employment law: how to manage situations where an employee's misconduct - or even criminal allegations - outside the workplace may affect the organisation.

The seminar was led by partners Sarah Ash and Daniel Read, supported by senior counsels Danielle Brouard and Jo Powis, and associate Lauren James. They were joined by regulatory partners Jamie Bookless in Guernsey and Sian Langley in Jersey, who offered valuable perspectives on how these issues intersect with compliance and governance.

To gain insight into current employer practices, attendees were invited to participate in live polls. The results revealed both common ground and jurisdictional differences between Jersey and Guernsey.

Social media policies: A modern day imperative

Most respondents in both jurisdictions confirmed that their organisations have social media policies that extend to conduct outside of work - 71% in Jersey and 70% in Guernsey. This reflects a broad recognition that an employee's online activity, even in a personal capacity, can have reputational implications for their employer.

Only a small minority - 15% in Jersey and 6% in Guernsey - reported having no social media policy at all, highlighting an opportunity for organisations to strengthen their approach in this area. Businesses should consider reviewing their social media policies to ensure they cover appropriate conduct outside of the workplace, whilst still respecting employees' rights and privacy.

Gross misconduct: Navigating criminal allegations

Another poll question explored whether employment contracts allow termination on the basis of a criminal charge, or only upon conviction. In Jersey, 68% of respondents said their contracts permit termination only after a conviction, while 23% allow for termination on charge or conviction. In Guernsey, the preference for waiting until conviction was more pronounced, with 84% indicating that a conviction is required.

A small percentage - 10% in Jersey and 6% in Guernsey - said their contracts do not include provisions for termination in such cases, which could leave organisations exposed in high-risk scenarios.

Whilst we recommend that businesses include a provision that allows for termination on either charge or conviction, employers need to remember that they still need to follow their internal processes and ensure a fair disciplinary procedure is followed.

A timely and constructive dialogue

The seminar also addressed how to respond to police requests, manage data protection obligations and mitigate reputational fallout. With attendees from leading firms across the islands, the event provided a valuable platform for sharing best practices and aligning strategies.

Reflecting on the theme, Guernsey-based Sarah Ash commented:

'Outside-the-office behaviour making its way into the workplace is an issue more and more employers are needing to address. At this year's seminar, we discussed how businesses can deal with misconduct or allegations that happen beyond the office walls whilst mitigating their employment law and regulatory risks.'

Jersey-based Daniel Read added:

'What happens when 'out of hours' issues suddenly become an employer's problem? It's a tricky area for HR teams and businesses alike - and I was excited to dive into it with clients and colleagues across both islands.'

As the boundaries between personal and professional conduct continue to blur, the seminar offered timely guidance on how employers can protect their organisations, comply with their regulatory obligations, all while respecting employee rights - a balance that remains central to effective and fair workplace management.

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