When personal actions compromise professional trust, the consequences can be severe. A CEO's influence extends beyond company walls, shaping the culture, reputation, and integrity of an organisation. Mr. Marchant’s resignation serves as a stark reminder that leaders are held to the highest standards, and failing to uphold them can have lasting repercussions.
Reference is made to the fact that this incident took place in a ‘social environment.’ An employer is responsible for its employee’s conduct outside of the working environment; a key consideration for an Employment Tribunal is whether the acts were done ‘in the course of employment’.
In determining this, the Employment Tribunal will consider the facts of each case and consider several key questions, such as: whether the acts took place in the workplace or an extension of the workplace; whether the acts took place during working time or outside normal working hours and the nature of the acts and their nexus with the perpetrator’s employment.
Had Mr Marchant not resigned, ABF may still have proceeded with a disciplinary investigation, regardless of whether the incident had taken place outside the workplace.
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