What does that mean for their employment?
An employee may receive a community sentence if they are convicted of a crime by a court but are not sent to prison. Community sentencing usually requires the employee to perform unpaid work in their local community, such as removing graffiti. This is known as Community Payback.
Community sentences can be given for crimes such as damaging property, benefit fraud, and assault. These sentences allow offenders to serve their punishment through unpaid work in the community, rather than going to prison. This approach aims to be more rehabilitative and productive.
An employee given a Community sentence can expect to complete anything from 40 to 300 hours of Community Payback, depending on how serious the crime was.
Community Payback work will be scheduled outside of working hours for those with jobs, such as in the evenings or on weekends. Full-time employees are required to complete a minimum of six to seven hours of Community Payback work each week. This typically occurs on one day during the weekend if the employee works weekdays.
If an employee fails to complete the program, or fails a drug test, they could be sent back to court and face a harsher punishment.
Do’s and Don’ts for an Offender While on a Community Sentence?
The activities and restrictions for offenders on a community sentence are determined by:
- The court at the time of sentencing.
- The offender manager, who oversees the sentence once it has commenced.
This can include:
- Being at a particular place at certain times, known as a ‘curfew’
- Wearing an electronic tag to ensure the offender stays there
- Being prohibited from going to certain places or areas, such as the victim’s home
- Attending appointments with an offender manager
- Being restricted from participating in certain activities, like going to a pub or bar
- Being required to live at a specific location, such as a family member’s home
If an offender fails to follow these rules while serving a community sentence, they may receive a warning or be sent back to court.
Breach of a Community Order Requirement
When an offender fails to carry out a community order requirement without a reasonable excuse (such as missing an unpaid work appointment without good reason), they will typically receive a warning. This warning states that any further non-compliance within the next 12 months will result in the case being brought back to court. If the offender fails to comply again, they will be returned to court for breaching the community order.
What Can I do if my Employee is Sent to Prison for Breaching a Community Order Requirement?
If an employee is in prison, they will be unable to attend work. In such cases, an employer may consider this situation as “frustrating” the contract, potentially providing grounds for dismissal. Employers must ensure they follow a fair and lawful process to avoid potential tribunal claims.
In this situation, both you and your employee are no longer required to fulfill your responsibilities under the employment contract
If you’re considering this option, contact Metis HR on 01706 565332 to discuss. Frustration of contract is a complex matter.
Our expertise can help you avoid the potential pitfalls and ensure you handle the matter appropriately and effectively. It’s crucial to get the right advice. We’re here to provide you with the support and guidance you need.
Call Paul on 01706 565332 or email info@metishr.co.uk and book your FREE consultation.
