Employee looting or violence may be strike-related or it may occur in non-workplace scenarios such as the recent public lawlessness we have all seen splashed across our screens. In both cases, employers need to tread with care.

We’ll firstly address the scenario of strike action and labour unrest. As we shall see, the spectre of summary dismissal hangs over the head of any striker found guilty of violent or intimidatory conduct, but will dismissal be considered a fair sanction for strikers whose proved actions do not extend beyond the carrying of dangerous weapons, or beyond being part of a violent crowd? Two Labour Appeal Court decisions illustrate.

We’ll turn then to the non-workplace scenario and the question of whether you can dismiss any off-duty employee identified as taking part in public disorder and looting.