There is the common misconception that it will be difficult to secure a fair dismissal if an employee has not been suspended following an allegation of serious misconduct. However, the reality is that an employer should really only look at suspension when there is no other option and it is entirely necessary, either to protect the organisation or protect the integrity of the investigation.
If you unnecessarily suspend an employee, you could be breaching the implied term of trust and confidence and could face a claim of constructive unfair dismissal, especially if the employment contracts state that all reasonable steps will be taken to avoid suspension.
You could also be providing the employee with the argument that you are biased, and your reaction is disproportionate to the seriousness of the allegation. They could argue that their dismissal was predetermined, and you wanted them out of the business.
Unfortunately, the consequences don’t just end there. If the suspended employee is found to have done nothing wrong, the relationship between employer and employee could be irreparably fractured. The employee’s mental health could be severely affected, meaning you could (in particular circumstances) be liable for a stress claim. And if the suspension is mishandled, there could be reputational damage to the business.
A ‘knee-jerk’ or mishandled suspension has the potential to put other employees on edge and create a culture of fear. Employees could begin to mistrust the organisation, make mistakes, or not want to come forward should any future issues arise, which is not a good situation for either the employer or its employees.
So, what should an employer do when an allegation is made against one of its employees? In short, proceed carefully. Before resorting to suspension, consider – are there any alternatives that could be looked at? Could the employee work in a different department whilst the investigation takes place? Could they work from home?
If in doubt please contact People Management Solutions who will advise and assist so that you can be confident that any disciplinary action taken is appropriate and lawful. For example, is the allegation serious enough to warrant suspension? What are your contractual duties as the employer? How should the disciplinary process be carried out and who should be conducting it?