Employment Law vs. Criminal Law for Security Managers

Introduction

The role of a security manager requires diversity. They are required to oversee a department in order to reduce theft and fraud, and to ensure that an organization's assets are well protected. At the same time, security managers enforce the company's policies and procedures. They are often expected to wear their "human resources hat" in order to understand the rights and welfare of their co-workers. This, together with managing direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship.

Therefore, it is crucial for the security manager to have a solid general understanding of employment law, especially in those areas that directly relate to their role. This knowledge is critical when dealing with issues or situations that may arise with regard to other employees. Furthermore, during incidents such as demonstrations and protests that may have a negative impact on the organization, this knowledge will be instrumental. The consequences of failing to adopt correct methods while acting appropriately in various events should be understood by the manager (Saunders 2013). It is also critical to forge a comprehensive internal business relationship with the employee relations manager or human resource manager. This helps in understanding and posing specific questions to employment law experts, so that the security manager receives clear direction on the next step to take and can offer substantial guidance and advice.

Employment Law

Employment law, in any organization, covers a vast range of common cases that industrial tribunals typically handle. These cases normally include: unfair dismissal, termination of employment, disciplinary and grievance procedures, redundancy, working time, unfair deductions of wages, breach of contract, freelance workers, discrimination (based on sexual orientation, race, sex, disability, religion, part-time status, fixed-term status, and age), maternity leave and pay, bullying in the workplace, paternity leave and pay, changes to terms and conditions, stress, sickness absence, misconduct, compromise agreements, and the drafting of contracts and policies (Saunders 2013; Hall 2009). The security manager's role may help resolve or manage encounters with some of the above issues, which occur on a regular basis.

Security managers are involved in investigations into disciplinary matters and termination of employment, and in some instances they chair a disciplinary committee that issues appropriate judgments. This list of responsibilities expands when they have direct reports whose welfare and day-to-day changes are paramount. They must also ensure that their teams are free from discrimination. Ethical and pragmatic approaches should be employed when handling such concerns, so as to avoid violating an employee's rights or, worse still, having a grievance raised against the manager (De Barnier 2014). Adopting this practice makes it extremely difficult for an employer to lose an industrial tribunal claim.

Employment law falls within the category of civil law — a complex system that seeks to outline the rules governing all kinds of situations that may arise in day-to-day life, and to provide clear guidance on how disputes that cannot be resolved by the parties themselves should be adjudicated.

A claimant in the civil system must table a claim against a defendant — that is, anyone with the legal standing to bring a case (broadly, any person above 18 years of age who is not legally incapacitated and is not a "vexatious litigant") (Rogers 2010; Saunders 2013). The County Court generally handles civil cases, while more complex matters or those involving large sums of money are referred to the High Court. In civil courts, the standard of proof applied by the claimant is the "balance of probabilities" — meaning the claimant must show their account is more likely true than not. In some circumstances the burden of proof may be reversed to the defendant, most commonly when a counter-claim is brought.

The Court of Appeal and the Supreme Court may hear appeals from both types of cases, with the precise appellate route depending on the nature of the case. Various specialist tribunals — such as the Lands Tribunal and the Employment Tribunal — deal with particular categories of civil claims. An Employment Tribunal operates similarly to a court but with less formality; for example, judges do not wear gowns or wigs. However, like a court, it is expected to act independently and does not provide legal advice. In most hearings, members of the public are permitted access (Herring 2014; Ashworth and Redmayne 2010).

Employment Tribunals are independent judicial bodies that determine disputes between employees and employers regarding employment rights. Their committees hear cases and make decisions on matters such as redundancy payments, unfair dismissal, discrimination, and claims relating to wages and other payments. Although an Employment Tribunal is less formal than a court, it is equally required to act independently and comply with procedural rules.

Conclusion

The security manager has the responsibility to provide the security needed to protect equipment, personnel, and facilities from loss or damage, and to take charge of assigned incidents as the senior security personnel on scene. Knowledge is potentially equated to power. The concept of formally supporting decision-making in a structured manner — by collecting and utilizing relevant information — is not new. Possessing the most accurate and up-to-date information regarding intentions, capabilities, and other relevant factors confers an advantage over adversaries. This principle applies across every field, from military strategy and business to politics and criminal intelligence.

This process has always been, and continues to be, developing and evolving, shaped by changes in organizational needs, social and cultural factors, technology, and rising levels of analytical skill. Law enforcement actions carry with them both legal and civil implications. The authority and jurisdiction of a specific security group must be clearly established by the security manager. Civil or criminal prosecution can be initiated against an agency, security personnel, or a management team found to be operating outside the limits of their jurisdiction.

Many security practitioners have evidently increased their utilization of management skills. Evidence points to a growing demand for modern security managers who are required to develop new skills by embracing new learning processes. Standards have gradually improved, and more security managers have obtained professional certifications as well as diploma and degree qualifications. This confirms a significant transformation in the way security management is viewed — and underscores why legal literacy, in both employment and criminal law, is an indispensable component of the modern security manager's professional toolkit.

References

Ashworth, A. and Redmayne, M. (2010). The Criminal Process (4th ed.). Oxford: Oxford University Press.

De Barnier, V. (2014). "Chapter 16: Counterfeiting: The Challenges for Governments, Companies and Consumers." In Gill, M. (ed.), The Handbook of Security. Palgrave Macmillan. ISBN: 9781137323279.

Hall, M. (2009). Victims of Crime: Policy and Practice in Criminal Justice. Cullompton: Willan.

Herring, J. (2014). Criminal Law: Text, Cases, and Materials (6th ed.). Oxford: Oxford University Press.

Rogers, J. (2010). Prosecutorial Policies, Prosecutorial Systems, and the Purdy Litigation. Criminal Law Review, 543.

Saunders, J. (22 October 2013). Employment and criminal law. Professional Security Magazine Online. Retrieved from http://www.professionalsecurity.co.uk/news/interviews/employment-and-criminal-law/ on 27 May 2016.