The nightmare of dealing with allegations against an employee
The BBC’s apparent approach to allegations made against one of its presenters highlights why dealing with complaints quickly is so important.
The allegations about Russell Brand are now dominating the headlines with questions being asked about why it has taken so long for the BBC to act.
Its every employer’s nightmare; ugly allegations that could cause reputational damage or even worse, spell disaster for the business.
So what lessons can we learn from the BBC’s predicament?
- Firstly, complaints about an employee should be addressed as soon as possible.
- Acknowledge receipt of the complaint. Let the complainer know the matter will be investigated and that you’ll be in touch if you need any further information.
- Thankfully most complaints aren’t of a criminal nature but if they are, and the police are investigating it be careful not to do anything that may prejudice or disrupt the police proceedings. You should however carry out your own internal investigation, don’t simply rely on the outcome of the police investigation. Keep in mind it’s generally not necessary for an employer to await the outcome of a criminal trial before deciding whether to take disciplinary action.
- Where the complaint is less serious and you can deal with it informally then do so, but keep a note of what happened and what you advised the employee. You may need to refer to these notes if something happens in the future so your notes will be important.
- If the allegation is of a more serious nature (and could therefore be a disciplinary offence) follow your own disciplinary procedure. If you don’t have a disciplinary procedure in place follow the ACAS code of practice on disciplinary and grievance procedures.
- Consider whether you should suspend your employee while the matter is investigated. Be cautious here though, only suspend where absolutely necessary, for example where it would be particularly difficult to have them in the workplace while the investigation was ongoing.
- Prioritise this issue – it can be very stressful for everyone involved and distracting to everyone else at work.
- If it’s clear a disciplinary hearing is required, provide the employee with a copy of any information or documents you may refer to during the hearing, give them time to prepare and let them know they can bring a union representative or work colleague with them.
- Remember the outcome of any hearing should remain confidential. The complainer should not be advised of the outcome; just that the matter has been dealt with through internal procedures but not what level of warning/action was taken, if any.
Daunting, isn’t it? Luckily I can help.
Let me help you navigate your HR journey. Book your free consultation through my online form or drop me a call or email: 07854 783073 Tracey@PlatinumBlueHR.co.uk
(image creds: Getty)
