Where do employers stand in relation to employment law if they have to dismiss or suspend someone?
If an employee becomes barred from working in regulated activity, that would amound to a fair reason for dismissing that person from a regulated post. The employer would still be under a duty to follow a fair procedure. If an employer needs to investigate allegations of harm, it would usually be prudent for them to suspend that individual or, where appropriate, transfer them to a non-regulated activity whilst a full investigation is carried out. However, employers should be minded that care needs to be exercised in cases where they become aware that an employee is under consideration of barring by the ISA for reasons unconnected with that person’s employment. In such cases, the employer needs to carefully balance it’s duty to protect children and vulnerable adults against the balance of risk against the roles and responsibilities of the job they are undertaking. Where a decision is made to bar them from regulated activity with children and/or vulnerable adults, they should be removed f
