How to handle an office scandal
So I’ve been super late with my April blog post – but that’s because April has been CRAZY. I’ve finished my phased return to work following maternity leave, and this has been my first full month back up to 4 days per week. I’ve really loved properly getting my teeth into things, but there’s no doubt that our schedules have become almost pre-Covid busy so it’s left little time for HR musings!
One thing that I just couldn’t miss commenting on, however, is the latest scandal from MPs – Nigel Parish and his alleged viewing of adult content while at work (BBC, 2022).
Now for those people who don’t work in HR this probably sounds absolutely outrageous, and perhaps even those starting out in HR might think that this type of thing is more the exception than the rule, but after the best part of a decade in generalist HR roles I can honestly say that the things people do never cease to amaze me!
The thing is – what do you do when confronted with one of these issues? Here are my top tips when handling scandalous allegations in the work place:
1. Take a pause - When faced with a manager on the phone (or in person – more likely now that Covid is “no longer a thing”) who advises you that an employee is alleged to have been watching porn while at work, don’t jump straight in – check out what’s happened so far. Don’t be afraid to ask plenty of questions to understand how the allegation has come to light and what, if anything, has happened as a result. Once you’ve got an idea of the lay of the land, you’re ready to think about next steps.
2. Get the employee's initial response - If the allegations haven’t been put to the employee, you need to think about how you will give them an opportunity to provide an initial response. You also need to give consideration to their welfare as facing allegations of this nature is difficult regardless of whether or not the allegations are proven true. This comes hand in hand with recommendation number 3…
3. To suspend or not to suspend - Let’s be real, an allegation of this nature is no small concern. As well as thinking about the practicalities of arranging a disciplinary investigation, consideration is likely going to be given to whether or not a suspension is necessary. If you do decide that adaptations can’t be made to the employee’s role to mitigate the risk of the allegation, and a suspension is appropriate, it’s important to ensure that the period of suspension is no longer than necessary and that the employee continues to receive their full pay (which, let’s face it, is enough of an incentive to get a move on with the investigation!). It's also worth being really clear with the employee that a period of suspension is not a sanction, rather a protective mechanism for both the employee and the organisation while the investigation is conducted.
4. Investigate Fairly - When scandalous allegations of this nature crop up, don’t fall into the trap of immediately believing them to be true. Every employee deserves a fair investigation and an opportunity to present their thoughts as part of a thorough disciplinary process. Make sure to appoint someone to do this who will seek out the facts, and present evidence not conjecture.
5. Arrange that hearing - If the investigation finds evidence that the allegations are supported, a separate manager should chair a disciplinary hearing to review the facts, afford the employee another opportunity to present their case, and make a decision on whether or not a sanction is appropriate. If they do decide to award a sanction, this should be proportionate taking into account action taken with similar cases across the organisation for the sake of parity.
6. Allow for an appeal - If a sanction is given, always make sure to allow the employee a right of appeal. This should be lodged with another manager who has not been involved in the original hearing, and should focus on a much more limited criteria such as a perceived failure to follow due process, the availability of new evidence, or a perceived failure during the initial hearing to consider relevant facts. It is not a re-hearing of the original case.
7. Right to representation - In all formal meetings, the employee has the right to be accompanied by a colleague or TU rep.
With a bit of luck, you’ll already have robust policies in place to provide that framework for handling scandalous issues. If this isn’t the case, it’s always best to refer to the ACAS code of practice (ACAS, 2022) which outlines minimum legal requirements for handling disciplinary and grievance processes. Failing that – speak with an amazing independent HR professional who will be able to guide you in the right direction.
While dealing with these issues may seem overwhelming when they first arise – I must be honest, in my opinion it’s the variety of unbelievable things that employees do that makes HR such an interesting and thought provoking career. No two issues are identical, and you become embroiled in previously unfathomable situations. If you’re supportive, fair, and follow due process however – even the most scandalous of cases can be resolved.
And if nothing else – there aren’t many things that highlight the rich tapestry of human existence quite like a case of porn in the office!
References
BBC (2022) - https://www.bbc.co.uk/news/uk-politics-61276319
ACAS (2022) - https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures