Allegations against care staff: to suspend or not to suspend?
|In the light of a Court of Appeal decision which saw a suspended care worker awarded damages well into five figures, Peter Grose says care providers should challenge any directions to suspend.| All too frequently I am asked to advise care providers who have been directed by an inspection authority to suspend an employee pending an investigation into allegations involving the employee. Often the case against the employee seems slight and insufficient to merit suspension. Nevertheless, the home owner is usually compelled to comply with the inspectorÂ¹s direction to suspend. The Court of AppealÂ¹s decision in the recent case of Gogay v Hertfordshire County Council has now made it clear that suspension pending an investigation is not always appropriate and that an employer who inappropriately suspends an employee is likely to be in breach of the implied term of confidence and trust in the employeeÂ¹s contract of employment. In the light of this decision, how should a care provider react when faced with a directi