A Guide To Suspensions And Disciplinaries

During this webinar on suspension and delicate disciplinaries we will delve into the intricacies of managing employee suspensions and navigating disciplinary matters with sensitivity and care. Whether you are an HR professional or a manager dealing with a employee disciplinary, this webinar aims to provide you with valuable insights and practical advice. We will explore the reasons for suspension, the legal considerations involved, best practices for suspension, and how to handle disciplinary cases with the utmost delicacy. 

Knowing how to handle a disciplinary situation is crucial as disciplinary cases often involve sensitive issues that can impact the well-being and morale of employees involved. Handling these cases with care and empathy is essential to maintain a positive work environment and preserve employee trust and ultimately to safeguard the company. 

Mishandling a delicate disciplinary case can lead to legal consequences for the Company. Employment laws and regulations require fair and unbiased treatment of employees during disciplinary proceedings. Failing to follow proper procedures or demonstrating a lack of sensitivity can result in legal disputes, damage the company’s reputation, and incur financial liabilities. 

 By understanding how to handle disciplinary situations, HR professionals and managers can mitigate potential risks, ensure compliance with legal requirements, and promote a harmonious work environment that values both the rights of individuals and the overall success of the Company.  

 

Navigating Suspension: Challenges and Considerations for HR

Suspension poses various challenges for managers when they are considering if they should be suspending an employee who is pending disciplinary action. One of the more serious repercussions arising from suspending an employee incorrectly can be legal consequences, if the suspension is a breach of the employee contract, handled unfairly or perceived as discriminatory. During a tribunal case Upton-Hansen Architects Ltd v Gyftaki the Tribunal found that her suspension was not warranted for the reasons given by the employer and stated that her suspension amounted to a breach of the implied duty of trust and confidence. The employer had suspended her on the grounds that they were concerned she would have acted inappropriately in the workplace and become ‘upset’. The Tribunal ruled that the rational for the decision for suspension was not warranted for the reasons given by her employer, namely, to protect the integrity of any investigation and/or its business. 

A key issue when considering suspending an employee, is to consider are they a risk to the process, the business, other employees, or themselves. In the webinar we will discuss further on how to appropriately determine if suspension is necessary and advice on how to handle suspension in a fair and consistent manner, adhering to legal requirements and company policies.  

 

Managing Delicate Disciplinaries

In the webinar we will discuss how managers must handle disciplinary matters with sensitivity, ensuring fairness and respect for all parties involved. This involves conducting thorough investigations, gathering evidence, and providing clear communication throughout the process. It is crucial to strike a balance between upholding company policies and addressing employee concerns, while also considering any legal implications. Managers can successfully handle disciplinary situations and cultivate a positive work environment by promoting open communication, providing support, and implementing suitable disciplinary measures. 

In the 2023 tribunal case of McDade v Norman Emerson, which seen the dismissal of an employee following inappropriate posting on social media, the employee brought forward a claim for unfair dismissal following disciplinary action. The key learnings for Companies in the case were that, it is crucial to have well-defined policies that clearly outline appropriate & inappropriate conduct expected of employees. In this particular case, the employee’s actions were in breach of their Companies Equality, Diversity, and Inclusion policy, as well as their Social Media policy, serving as the foundation for the employer’s course of action. The Equality, Diversity, and Inclusion policy detailed acts of discrimination that would result in disciplinary actions with the possibility of dismissal.  

When defining what we mean by delicate disciplinaries it has a large range, and we usually mean high risk with the potential for discrimination, unfair or constructive dismissal claims. We will discuss more about the types of delicate disciplinary cases in the webinar, provide support and advice on handling these, and will dig deeper into key tribunal cases that give guidance when handling disciplinaries. 

 

Key Take Away’s for Companies

Managing suspensions and disciplinary situations can be difficult for any manager. It can involve handling situations where an employee’s conduct raises concerns, or breach of Company policy that require investigation and potential disciplinary action. It can also involve situations that the Company are not often familiar with, such as discrimination claims, some which could be viewed as protected beliefs, difficult social media breaches, aggression or sexual harassment in the workplace and many more.  

Managers must approach these situations with sensitivity, fairness, and adherence to legal employment legislation and company policies. This includes ensuring a thorough investigation, providing clear communication to all parties involved, maintaining confidentiality, offering support to employees throughout the process, and following proper procedures to reach a fair and appropriate resolution. Effective management of suspensions and disciplinaries helps maintain a harmonious work environment while upholding the principles of justice and accountability.  

We’re hosting a webinar on suspension and disciplinaries on Wednesday 20th March. If you’d like to find out more about how to approach these sensitive areas you can sign up to our webinar. 

In the cases we will discuss during the webinar we explore the sensitive issues Companies may experience, and just how crucial Company Policies are in mitigating and legal issues that may arise from this. We will also look at any relevant recent case law, and learnings that can be taken from these which may help managers when navigating complex cases.