News Item

A recent Court of Appeal case says that if an employer suspects an employee of misconduct, it must either commence disciplinary action or reserve the right to do so. If it does neither, it will be taken to have accepted the conduct. This is particularly an issue where an employee against whom action is being considered goes off sick for some time, possibly with stress. In those circumstances some employers are concerned that if they write and mention possible disciplinary action, there will be a complaint that it has made the stress worse. But following the Appeal Court’s guidance, those concerns should be put to one side and the employee should be informed that action is contemplated. If no decision can be made until an investigation is concluded on the employee’s return to work, the employer should write and reserve its position.