When it comes to investigating a serious allegation of misconduct in your workplace, you might think the automatic thing to do would be to suspend an employee or employees on full pay whilst the investigation is being handled.
However a Judge in a recent case ‘Capita Hartshead v Byard’ has pointed out that such a decision is not always the best thing to do. When you suspend any member of your team, you provide a letter to them explaining that suspension does not imply guilt, they will remain on full pay and is a method which allows time for a full and frank investigation to take place into any allegations.
Yet the Judge in the above mentioned case made the point that the individual might then return to work disparaged and demoralised if the investigation did not produce any evidence to proceed to a disciplinary hearing. They may not know who they can trust and feel undermined by the company as they did in this case and took out a constructive dismissal claim.
The key when assessing whether to suspend an employee is to look at the nature of the allegation, if it is very serious. If there is a risk leaving the employee in the business then suspend the employee, conduct a thorough investigation with everyone relevant kept informed. Suspension on full pay isn’t always the immediate right answer; that is why we always encourage business owners to seek our advice before suspending an employee.
http://www.hrdept.co.uk/se_london.htm
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