Q: A director at our company has been accused of bullying by a colleague, with footage showing aggressive behavior circulating on social media. We are currently investigating, but I am concerned about the potential damage to our reputation if we are not seen to be taking the matter seriously. Is it within our right to formally suspend the director during the investigation?

A: It is crucial to treat any bullying allegations with utmost seriousness, particularly when they involve a director. Investigating such claims diligently is essential. Many companies now have anti-bullying policies, and although these might not specifically address directors, they generally should be applied to all employees.

Suspending a director during an investigation is indeed an option, particularly if there is a concern about evidence being tampered with (e.g., internal communications) or the risk of ongoing inappropriate behavior. Additionally, this step might be necessary to protect the company’s business reputation. However, suspension is not a decision to be taken lightly in today’s environment.

Modern best practices require a thoughtful approach. Acas, the workplace rights organization, provides specific guidance on suspension, which should be consulted to ensure compliance with legal standards.

Suspension should never be a knee-jerk reaction or an automatic response. It’s important to consider alternatives, such as relocating the director’s office, allowing them to work from home, or granting leave for unrelated reasons. Every potential alternative should be explored first.

Consideration should also be given to the potential impact on the director’s mental health and their career trajectory, as well as their current role within the company.

When deliberating suspension, assume that the director may request access to relevant documents, including email correspondences and other communications unless they are protected by legal privilege. Privilege applies to communications made in connection with legal advice from your lawyer. Simply copying a lawyer on emails does not automatically confer privilege. Consult with your legal team on how to maintain privilege appropriately.

Review the director’s employment contract for any suspension clauses. Even in their absence, you can still proceed, provided the decision is reasonable, well-considered, and in accordance with Acas guidelines. Failure to adhere to these standards could lead to accusations of breaching the director’s contract.

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Given the director’s role, consider how the board or a senior officer, such as the CEO, will document the suspension decision. Proper documentation is crucial should the decision be legally challenged. The director might also request access to board minutes or meeting agendas.

Preserving the company’s reputation is paramount in deciding whether to suspend. Alternatives that explain the director’s absence without explicitly stating a suspension may be preferable, though this might not fully mitigate the reputational risks.

Be cautious about social media content, as footage can create a misleading narrative. It’s vital to avoid any appearance of hastily drawn conclusions.

In conclusion, while you can suspend the director during the investigation, it must be done following the outlined process to prevent additional complications.

Richard Fox is an employment partner at Keystone Law