Ultimately, where an allegation is so serious that you consider it warrants a formal investigation, it may be necessary to disregard the accuser’s wishes and proceed formally.


In less serious cases, consider using the informal complaint as a prompt to undertake a general culture review with follow up such as training.


IF THE ALLEGED PERPETRATOR AND ACCUSER WORK IN THE SAME TEAM, DO YOU MOVE OR SUSPEND ONE OF THEM AND IF SO, WHICH ONE? Suspension must not be a “knee jerk reaction” as, regardless of whether it is pitched as a neutral act, it can have negative connotations and could undermine an employee’s trust and confidence, resulting in a constructive dismissal claim. Suspension should therefore be seen as a last resort; should only be used where there is “reasonable and proper cause”; and should be reviewed regularly to ensure that it is kept as short as possible.


A physical move is a less drastic option and so should be considered first (if necessary). Where it is possible, any move will need to be reasonable and temporary and, ideally, be done with the employee’s consent. There may be other options such as a change in reporting line, or one employee agreeing to work from home.


It should always be made clear that no decisions have been made pending the outcome of the investigation.


4


Diversity, Inclusion and Workplace Behaviours – The Business Agenda


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