Recent days have seen widespread protests, riots and violence spreading across the UK, some of which has been racially or religiously aggravated. But what should an employer do if an employee is involved, either through direct participation or stirring up trouble on social media?

Anyone allegedly involved in participating in or inciting a riot may be arrested and charged with criminal offences. An employer’s first instinct might be to dismiss the individual, but this would be unwise - because they may later be able to establish their innocence, or charges dropped.

However, based on how the justice system has dealt with those involved in previous riots, those charged will be unlikely to obtain bail, probably be remanded in custody and receive custodial sentences if convicted, even for a first offence.

If an employee can’t work because they are in custody, the employer must consider whether their job can be kept open. It may be argued that the employment contract has been frustrated because the employee’s imprisonment makes performance of their contract impossible.

Alternatively, employers may be able to dismiss someone fairly for misconduct or another substantial reason. They needs to consider all the facts and decide whether the employee’s conduct is serious enough to be treated as a formal disciplinary matter. I’d recommend taking specific legal advice before proceeding.

In any case, an employee who is unable to work because they are in prison does not need to be paid. In my view, someone cannot rely on the unlawful deduction from wages legislation if they aren’t paid during time spent in prison.

If an employee hasn’t been arrested, but the employer has evidence to suggest they were involved in riots or violence, they can still take disciplinary action. Similarly, an employer does not need to postpone disciplinary measures because the outcome of a prosecution is not yet known. If they have reasonable evidence to suggest that an employee has broken workplace rules or policies, or has engaged in conduct which risks bringing the employer into disrepute, a disciplinary procedure can be triggered.

Employers must follow a fair disciplinary procedure, giving the individual an opportunity to explain their conduct and any mitigating circumstances. I recommend checking your disciplinary policy to see what this says about criminal investigations.

Some of your workforce, especially black, ethnic minority or migrant staff, or religious groups may be feeling particularly vulnerable right now. It’s worth reminding all staff, therefore, of their duty to comply with your code of conduct, the consequences of making inappropriate comments on social media, your zero-tolerance approach to discrimination or harassment, and the need to treat colleagues with dignity and respect.

It’s also prudent to let colleagues know how to report any incidents of discrimination or harassment they may experience.

If staff working in towns and cities marred by these riots and violence request temporary adjustments - like working from home for a few weeks or adjusting working hours to avoid travelling alone at night - because they feel unsafe, these should be given reasonable consideration at this particularly difficult time.

Musab Hemsi is a Partner and accredited by the Law Society of Scotland as a specialist in Discrimination Law and Employment Law

Agenda is a column for outside contributors. Contact: agenda@theherald.co.uk