How to Deal with Employee Suspensions and Workplace Investigations

Employee suspensions and workplace investigations understandably present challenges for businesses. It’s important that employers understand their legal obligations and follow proper procedures to ensure fairness, protect employee rights, and maintain a productive work environment. This article aims to provide some guidance on how businesses can effectively handle employee suspensions and workplace investigations while complying with UK employment law. It is important to point out here that all companies must have contracts of employment, terms and conditions and policies and procedures in place and visible to their staff.

Employee Suspensions

The law provides a framework for employers to address workplace issues involving employee suspensions and investigations. In some circumstances, it may be necessary for an employer to suspend an employee during a workplace investigation. An employer can suspend an employee when there is a reasonable belief that allowing the employee to remain in the workplace may hinder the investigation or pose a risk to other employees or the business. It is important to note that suspension should not be an automatic response, and employers should consider alternatives such as modified duties or reassignment whenever possible.

When suspending an employee, employers must go through a series of steps. These include conducting a thorough investigation, providing written notification, maintaining confidentiality, and continuing with pay and benefits.

Workplace Investigations

Workplace investigations are carried out in order to establish the facts surrounding alleged misconduct or other workplace issues. The objective is to make informed decisions based on evidence and ensure fair treatment of all parties involved. During a workplace investigation, impartiality and fairness are of the utmost importance. There must also be a clear investigation plan which includes the scope, timeline, and interview process, as well as identifying relevant witnesses and gathering documentary evidence.

Employees subject to investigation have the right to be accompanied by a colleague or trade union representative during any investigatory meetings and should be given adequate notice of the investigation process. Confidentiality is also important to protect the rights and reputations of all parties involved.

Thorough documentation and comprehensive records must be created at all stages of the investigation, including interviews, evidence collected, and any disciplinary actions taken. This documentation is crucial for transparency and compliance purposes.

Disciplinary Action and Corrective Measures

Once a workplace investigation is concluded, employers must determine appropriate disciplinary action or corrective measures based on the findings. It is essential to ensure consistency in applying disciplinary policies and procedures, taking into account the severity of the misconduct and any mitigating factors. Possible disciplinary actions may include verbal or written warnings, suspension without pay, or demotion or transfer.

If you’re dealing with employee suspensions and workplace investigations, or wish to prepare suitable policies and procedures in your business, we can help. By ensuring that any minor difficulties are dealt with quickly and efficiently, you can protect your business and your staff. If any problems do turn into disputes, we can prepare a legal support plan for you to obtain commercial legal expenses insurance cover to protect you.

Call RDC Solicitors on Bradford 01274 735511, Ilkley 01943 601173 or Bingley 01274 723858 for advice and support with all aspects of employment law.