One of our employees has just been given a 6 month custodial sentence. I am wondering how to deal with his employment.

I see that the definition of frustration of contract includes reference to the fact that the ‘intervening event is genuinely unforseeable and not when an event occurs that was caused by the employer or employee’. Well the employee caused the event that led to their custodial sentance!

Is this situation typically dealt with as a frustration of contract or do we need to maintain his employment status for the next 6 months? Or maybe some modified form of disciplinary action now?
If so, I’m not sure of our grounds for disciplinary / dismissal – the crime is not directly relevant to his work – it was an act of violence outside work.

Does anyone have any experience / information in this area to help me out a little?

Many thanks
Sarah Jennings