It was a fantastic moment to see Lando Norris win his first ever F1 grand prix recently making it McLaren’s first win in almost three years!
With the drama unfolding on the track so too is the drama off-track. Christian Horner who heads up the Red Bull F1 team has been accused of misconduct by one of his colleagues. An employee of his team submitted a grievance that has in turn been investigated by an independent KC, with the grievance being ultimately dismissed. The latest details on this story allege that the female employee who accused Christian Horner of inappropriate behaviour has now been suspended from her role at the Formula One Team.
This scandal has flagged up the importance of organisations and companies having effective employment policies and procedures in place in order to deal with situations like these when they arise.
Suspending an employee
Deciding to suspend an employee is not a decision to be taken lightly and should not be a ‘knee-jerk’ reaction to any incident within your workplace, particularly as Tribunals recognise that suspension from work can have a severe reputational and psychological impact on an employee.
Therefore, if an employer wants to suspend an employee they should ensure that they follow the ACAS guidance in taking this decision. We have curated some points for employers to consider when deciding to suspend an employee:
- You believe the misconduct potentially amounts to gross misconduct and;
- You believe that you cannot properly carry out a thorough investigation process while the relevant employee remains within the business;
- You believe that the relevant employee’s continued presence poses a threat to either their colleagues or themselves; and/or
- You believe that the employee’s continued presence poses a threat to the business.
If an employer believes that above criteria is met, they should firstly consider the relevant employee’s employment contract to ensure that there is a contractual right to suspend the relevant employee and to check the employer’s obligation regarding pay during this period of time. Furthermore, employers should consider their handbooks with the policies and procedures and follow these accordingly.
Consequences of suspending an employee too fast and furiously
The act of suspension arguably holds a lot of power – if dealt with improperly, suspension can potentially affect the fairness of a dismissal in addition to causing an irretrievable breakdown of the employee-employer relationship.
In an Employment Tribunal setting, where an employee raises a claim of unfair dismissal any compensation awarded to the employee can be uplifted by up to 25% in the scenario if it is found that an employer has failed to follow the ACAS Code during their dismissal process.
As noted above, there are risks to suspending an employee. Employers should therefore consider alternatives to suspension where possible. Alternatives to suspension may include:
- Agreeing with an employee to a period of special leave (as this may carry less of a stigma than the act of suspension);
- Home working;
- Working in another part of the workplace.
Managing employment matters in the workplace can be challenging, but you do not have to face it alone. Our experienced Employment Law specialists are here to guide you through these challenges. You can count on us whether you need a review of your current policies and procedures and/or appropriate letters drafted concerning suspension or other employment matters. We understand that every organisation is unique and are committed to providing tailored solutions that can make a real difference. If you are looking for more than just great law, we invite you to contact us today at 0141 221 1919. We are always available to help.
