For many business owners, the immediate thought after a serious incident might be to suspend the employee involved. It feels like a quick way to contain the situation, but it's a decision that carries significant weight and potential risks if not handled correctly.
The initial instinct versus the smart approach
It's tempting to think that suspending an employee will make a serious problem disappear, or at least put it on hold. However, suspension isn't a neutral act. It can be isolating for the employee and disruptive for the business if not managed with care and a clear purpose. It should only ever be used when there's truly no other way to ensure safety, maintain fairness, or allow for an impartial investigation.
Exploring alternatives to suspension
Before you consider suspension, pause and think about practical solutions that would allow your investigation to proceed without removing the employee from work. Often, there are viable alternatives that can achieve the same protection without the drastic step of suspension. These might include:
Adjusting their hours or work location: Could the employee work from home, or during different hours, to avoid contact with certain individuals or sensitive areas?
Having another person supervise their work: Implementing closer supervision can ensure that the employee cannot interfere with the investigation or pose a risk.
Restricting access: Can you temporarily limit their access to specific systems, vehicles, or customers that are central to the investigation?
If these alternatives make it possible to investigate properly and safely, they are often a much better path than immediate suspension.
When suspension is necessary
There are specific circumstances where suspension becomes a necessary and reasonable step. You should only use suspension if:
There are genuine safety concerns: This could involve physical safety, psychological harm, or safeguarding vulnerable individuals.
Confidentiality is at risk: If the employee has access to sensitive information that could compromise the investigation or the business.
The employee could influence witnesses or evidence: If there's a real chance they might tamper with evidence or intimidate those involved in the investigation.
Key steps if you must suspend
If you've explored the alternatives and decided that suspension is essential, it's crucial to follow a fair and compliant process. Getting this wrong can lead to costly mistakes and legal challenges. Here are the steps I advise my clients to take:
Be clear on why: Communicate that suspension is not a punishment. It's a neutral step taken to protect the investigation process, the business, and all parties involved.
Confirm it in writing: Provide a clear letter outlining the reasons for suspension, its expected duration, and who the employee can contact if they have questions.
Keep it private: Only inform those who genuinely need to know about the suspension. Unnecessary gossip can harm morale and lead to further issues.
Maintain pay and benefits: During an investigation, suspension should be on full pay and with all benefits maintained. It is a neutral act, not a disciplinary penalty.
Check in regularly: Review the suspension as the investigation progresses. Don't let it drag on longer than absolutely necessary.
Maintaining connection and momentum
Suspension can feel isolating for the employee, which can impact their wellbeing and trust. Keep communication open and ensure they have a designated point of contact for any questions or concerns. It’s also vital to begin the investigation promptly after suspension.
Delays not only cause unnecessary stress but can also make the entire situation harder to manage and resolve.
Getting expert advice
Workplace investigations, especially those involving serious allegations and potential suspension, are complex. For sensitive or complicated issues, seeking advice from an HR consultant or employment lawyer early on is invaluable. A short consultation can help you prevent errors, ensure fairness, and significantly reduce legal risk, ultimately protecting your business and your team.
Suspending an employee is a serious step, and it should only be taken when it's fair, reasonable, and absolutely necessary. When handled properly, it protects both the employee and your business while you establish the truth.
Ready to explore how this could work for your business?
If you're facing a complex workplace issue and are unsure about the best way forward, a conversation with an experienced HR consultant, such as an outsourced HR consultant in London, can provide the clarity and confidence you need.
Get in touch today for a confidential chat to discuss how we can support you in reducing risk and supporting your people.
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