This is quite long-winded and I've tried my best to simplify it as much as possible. I'll clarify if needed.
Legal jurisdiction here is US and UK law (if there's a difference).
There are three scenarios here. "The Employee" is accused of sexual harassment in all three.
We need to take into account the following which apply for all scenarios:
- The Employee is guilty of harassing their co-workers at Company A.
- Any investigations conducted are done correctly and fairly.
- The Employee is a publicly visible figure and a figure of authority having a management role.
Scenario 1 – Two Simultaneous Employers
The Employee is working for both Company A and B simultaneously. They are accused of harassing multiple co-workers. Company A's investigation finds them guilty and they are dismissed. Company B finds out after taking the Employee on as the allegations are made public by the victims.
Scenario 2 – Fired and then Hired
The Employee is accused of harassing multiple co-workers. Company A's investigation finds them Guilty and they are dismissed. They then get a job at Company B. After starting, B discovers this incident, although there are no grievances against the employee from co-workers at Company B and their disciplinary record at B is otherwise clean.
Scenario 3 – Allegations arise after Moving
The Employee leaves Company A to start a better job at Company B. Their disciplinary record is clean; i.e., no grievances were made against them before leaving Company A. After working at Company B for a while, former co-workers from A make a statement alleging that they were harassed by the Employee when they worked at A. Company B determines that this behaviour has not occurred with co-workers at Company B.
Can Company B dismiss the employee in any of these scenarios, even if they conduct an investigation concluding that the behaviour was not repeated while working with Company B? If they can, should they?
Does Company B have any obligation to investigate the employee's behaviour?