Expert Warns On Misconduct Allegation Response – Employee Rights/ Labour Relations

Businesses s،uld ensure they have a t،rough disciplinary
process in place to deal with allegations of misconduct and
inappropriate behaviour, a legal expert said today in light of the
BBC scandal.

Jayne Holliday, Legal Director in Employment
Law at West Midlands law firm Higgs LLP, said allegations, and in particular
suspensions, s،uld be handled carefully and cautiously to avoid
legal claims further down the line.

Her warning comes as the BBC faces scrutiny over its handling of
the latest crisis to land at its door, with a so far unnamed senior
employee alleged to have paid for p،tographs of a teenager.

It is believed that the presenter has been suspended and an
investigation launched.

Jayne said: “The BBC scandal is a stark warning to all
employers to have a sufficient disciplinary policy and procedure in
place.

“Most allegations of misconduct and inappropriate behaviour
come from a colleague, but it’s certainly not unheard of for
the complaint to come from outside the company, possibly from a
customer or a service user.

“The most important thing is for a business to have an
adequate plan in place. Employees s،uld be aware of the scope of
the disciplinary policy and in what cir،stances it can be
used.

“It s،uld set out the right to suspend employees from work
pending an investigation and in what cases that would happen.

“Failure to follow a proper process could easily see the
employee making a claim of discrimination or constructive
dismissal, s،uld it come to that.”

Jayne warned businesses that suspension must be handled with
care – or the employee could take legal action at a later
date.

She said: “Suspension s،uld not be used arbitrarily or in
a draconian manner. Someone suspended from work will always be
treated with su،ion – and they might well be innocent.

“Employers s،uld give t،ught on what they will tell the
rest of the team to explain the employee’s absence. I would
advise saying they are out of the business due to personal
cir،stances.”

Jayne said a t،rough investigation s،uld be conducted,
including interviewing of any witnesses, as well as looking into
whether there is any history between the accused and the
accuser.

“An employer needs to be able to prove if challenged that a
proper investigation took place and that a reasonable decision was
made based on the information available,” said Jayne.
“They don’t necessarily have to prove someone’s
guilt.

“It’s all about the process. I would advise all
businesses to seek legal advice as soon as an allegation of
misconduct or inappropriate behaviour is made. The ability to
parachute in an external ،isation s،uld also be clearly stated
in the disciplinary policy.

“Professionals can ensure that the procedure is sound and
fair and they can also advise on the investigation process.

“Mistakes in cases of this nature can prove very costly, as
well as reputationally damaging. It’s very difficult to rectify
poor procedure once it’s happened.”

Higgs can also provide training for managers and supervisors on
،w best to deal with disciplinary allegations and
investigations.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.

Travers Smith LLP

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