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  • Helen Manson

This employee needs to leave - NOW!


BEWARE! - An employer must not, without reasonable and proper cause, conduct itself in a way which is likely to destroy or seriously damage the implied contractual term of mutual trust and confidence. A breach of this implied term will amount to a fundamental breach of the employment contract and the employee will be entitled to resign and bring a claim for breach of contract or, if they have the required length of service, constructive dismissal.

REMEMBER

  • The employee keeps their employment rights whilst suspended;

  • You can only suspend without pay if the employment contracts says you can, and even then you must act reasonably;

  • It may be necessary to inform the employee not to talk to other employees or clients. However, if this means the employee can’t defend themselves properly at a disciplinary hearing, they could make an appeal.

Take some advice:

Don't 1. Don't suspend as a knee jerk reaction - Are there alternative options to suspension? E.g working from home. Suspension casts a shadow over the employee’s competence and the relationship between employer and employee. 2. Don't think of suspension as a 'neutral' act - Suspensions should only be used where it is legitimately necessary to protect the business or individuals.

Do 1. Have a clear and transparent disciplinary procedure in place 2. Check their contract of employment – do you have a right to suspend? 3. Consider whether it's appropriate to inform the employee not to talk to other employees or clients. However, be aware that if this means the employee can’t defend themselves properly at a disciplinary hearing, they could make an appeal.

If you're in any doubt - contact us www.complexhr.co.uk


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