Preparing for a Criminal Trial Involving an Employee: Communications Guidance for Employers
When an employee is arrested or charged with a criminal offence – particularly one likely to attract public or media interest – the communications challenges can be significant. Navigating this situation requires care, confidentiality, and co-ordination between HR, legal and communications teams.
How you manage internal and external messaging can have a lasting impact on your organisation’s culture, reputation, and legal standing.
Here’s how to prepare, from a communications perspective:
1. Exercise Discretion Between Arrest and Charge
The period between an employee’s arrest and any formal charge is especially sensitive. Strong legal protections apply, and speculation can lead to reputational damage, breaches of confidentiality, or even legal consequences.
Tip: Have a careful plan for how to acknowledge the staff member’s absence without commenting on the legal issue. Bear in mind this issue may never become public and it is not for the employer to put it into the public domain.
2. Align Communications with Legal and HR Advice
Criminal proceedings can raise potential legal exposure for the employer – particularly if the alleged offence is related to the employee’s role. All public and internal statements must be coordinated with your legal team and HR advisors.
Tip: Create a small, cross-functional team (legal, HR, comms) to oversee the situation and ensure consistent, risk-aware messaging.
3. Prepare for Media Interest
If the case is high-profile, or the employee has a public-facing role, journalists may contact your organisation for comment. This can happen suddenly – sometimes even before you’re formally notified of the situation.
Tip: Have a reactive media line prepared in advance which has been cleared by your lawyers.
4. Training for Spokespeople and Staff
Depending on the nature of the case, reporters may approach colleagues for comment or reaction. Some may even attempt ‘doorstep’ interviews at offices or events.
Tip: Brief key staff and train spokespeople and provide internal FAQs for anyone who may receive media contact.
5. Monitor Media and Public Sentiment
Public narratives around legal cases can shift quickly – especially in high-profile or sensitive matters. Active monitoring can help you assess reputational impact and prepare appropriate responses if needed.
Tip: Set up media monitoring and social listening to track coverage and sentiment.
6. Prepare for Different Outcomes
Whatever the outcome of the trial – acquittal, conviction, dropped charges – you may need to respond quickly. Internal audiences will expect clarity. External stakeholders may have questions.
Tip: Draft a scenario plan ahead of time, aligned with legal guidance.
7. Look After Your People
Criminal allegations involving a colleague can be unsettling for teams. People may feel anxious, divided, or under pressure. A thoughtful internal comms approach should consider their emotional needs, too.
Tip: When the time is right, communicate clearly, avoid rumour, and create space for confidential support.
Summary: Confidential, Coordinated, Compassionate
Dealing with a scenario where an employee is accused of a criminal offence is one of the most delicate crisis communication challenges an organisation can face. A well-managed approach, grounded in discretion, empathy and respect for legal boundaries, can protect reputations and maintain trust.
If you need support in navigating this situation, from internal strategy to media handling, we can help.
Our clients rely on us to manage a wide range of sensitive issues. For a free, no-obligation conversation, please phone us on 020 7692 5675 or email us on [email protected], and we will get back to you as soon as possible.
