A male staff member at a small Kent medical practice allegedly made unnecessary and unwelcome physical contact with a female colleague, touching her from behind, violating her space and leaving her deeply uncomfortable.
The practice needed expert help immediately, because workplace allegations of this nature are sensitive, high risk, and leave no room for error.
So, they called in Taurus HR & Employment Law. Three weeks later, they had a concluded outcome. Here’s how it unfolded.
The Challenge
Small practices and other SME businesses by nature have small teams, limited witnesses, and little room for manoeuvre.
On top of this, harassment allegations involving unwanted physical contact are among the hardest workplace matters to handle. It’s emotionally charged, legally complex, and reputationally catastrophic if mishandled.
The practice needed independent expertise they lacked in-house, to:
- Investigate fairly and thoroughly despite a limited witness pool
- Protect the practice legally and reputationally
- Move at pace, because the longer these situations linger, the worse they get for everyone
Investigated Fast Without Sacrificing Scrupulousness
An investigation within the constraints of a small team is highly disruptive and unsettling for all parties. For this reason, the intention was for it to be rigorous but not unnecessarily prolonged.
The following approach was proposed to and approved by the client before being swiftly actioned:
- A clear investigation plan agreed from the outset
- Witness accounts gathered sensitively and methodically
- Evidence assessed on the balance of probabilities
It was then concluded the incident was more likely than not to have occurred.
This gave the practice a legally sound basis to act against the accused employee for unacceptable behaviour. But we didn’t walk away and leave them to their own devices.
Poorly worded or procedurally flawed disciplinary action and job termination can easily trigger an unfair dismissal claim. Fortunately, the practice didn't face this risk, due to having our continued support and expertise at hand.
The Results
- Investigation concluded in three weeks
- Watertight investigation report, defensible under scrutiny
- Clear, evidence-based outcome reached fairly and empathetically
- Practice supported from allegation through to final decision
Who Else Needs Support with a Gross Misconduct Accusation?
Practice managers, GP partners, SME employers, it’s too easy to unintentionally contravene employment if you don’t get professional advice before acting on highly charged scenarios, like:
- Managing a gross misconduct investigation
- Handling a disciplinary process
- Lacking experience and know-how of what fair termination of employment should look like
Get in touch with us, at Taurus HR & Employment Law, if you're looking for an outsourced HR partner or employment lawyer who handles every gross misconduct case with expertise, integrity, and commitment to fair outcomes.