HR horror stories - Third of 4

Suspicious employee – should you suspend? Your employee has been accused of diverting work to his own business and you are VERY suspicious. Do you have the right to suspend your employee while you carry out an investigation? There are only limited circumstances when an employee can be suspended, i.e. if the employee’s presence would impede an investigation or lead to a serious risk to the business/customers/employees etc. It is a protective measure only and should not be used as a knee-jerk reaction. Furthermore, don’t forget there may be certain circumstances where an employee can have an implied right to work, such as if he is paid on a commission basis. An employer also has an obligation to act reasonably so as to avoid breaching its duty of trust and confidence. In your employee’s scenario, suspension is likely to be appropriate because there is a danger that if he is in the work place he could destroy the evidence or continue to divert business.