Without doubt, the biggest news story last week was the verdict in the Michael Jackson trial. More than a year after charges were first laid, he was cleared on all ten of the serious counts he faced.

An employer faced with a worker who is to be prosecuted has difficult choices to make - does he dismiss or not? And, if so, when? Does he wait until a finding of guilt has been made? What if the sentence passed is a non-custodial one?

These issues were all raised in the light of Operation Ore - the police crackdown on people accessing Internet sites containing child pornography. Employees throughout the country were arrested, interviewed and charged with possessing indecent images of children.

Some pleaded guilty relatively quickly and were sentenced, leaving their employers free to deal with the termination of the employment relationship, either by arguing that the relationship had become "frustrated", as the employee, if he was sent to prison for a lengthy period, could not perform his duties.

The employer could also rely on contractual disciplinary procedures stating that conviction for certain serious types of offence was grounds for dismissal on misconduct grounds.

What of those who chose to protest their innocence? Employers were wary of dismissing before guilt had been proven, but were equally worried that their image, brand or business was becoming tarnished by their continuing to retain in employment someone whose arrest and charge with child pornography offences had been splashed across the local media in spectacular style. Suspension on full pay for a lengthy period is not an attractive option for any employer.

Some went ahead and dismissed anyway, arguing that the detrimental effect of not doing so was "some other substantial reason" - the catch-all provision on which employers can rely when trying to establish fairness.

How many employees brought tribunal claims is not clear, but there is no reason why they should not have been successfully defended.

Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 21/06/2005