Allegations against care staff: to suspend or not to suspend?

Posted on November 1st, by editor in Caring Times. No Comments

|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 inspector¹s direction to suspend. The Court of Appeal¹s 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 employee¹s contract of employment. In the light of this decision, how should a care provider react when faced with a directi

Comments are closed.

Latest blog posts

The future’s bright, alright?

By Caring Times editor GEOFF HODGSON

There has been a lot of debate about ‘hard’ and ‘soft’ borders of late (if it’s any help, I like...

Time for a ten dollar answer

By Caring Times editor GEOFF HODGSON

Ernest Hemingway was known for his minimalist style and he used to pooh-pooh what he called “ten-dollar” words. Not to...

Lacking capacity

By guest blogger JEF SMITH

A friend of mine diagnosed with cancer – now, happily, treated – was asked how he could possibly have missed the...