Christmas is almost upon us…as are the much awaited office Christmas parties. Whilst no one wants to be the office scrooge and detract away from the positivity of such an event, employers should be aware of their potential liabilities.
The government has been urged to investigate the practice by many employers of forcing employees to repay training costs when they leave employment. In some cases such costs have run into several thousand pounds.
A typical scenario may be where an employee accused of misconduct claims that they were not ‘thinking straight’ or indeed that their behaviour was ‘out of character’, caused by stress or issues with mental health.
The decision of whether or not to suspend an employee suspected of misconduct can be a difficult one for many employers. If an employer suspects an employee of serious misconduct, suspension may be an appropriate step to take but only in circumstances where the employee’s presence at work would either (a) jeopardise the fairness of the ensuing investigation or (b) where their presence could pose a potential threat to the business or other employees.
It is a practice of many employers to suspend employees who they suspect have committed an act of gross or serious misconduct.
However, many employers are unaware that by suspending an employee they may be exposing themselves to claims for constructive unfair dismissal.