Is this grounds for summary dismissal?

CFC

Hardware23 wrote: »

Thank you to everyone who has posted a reply. This situation has only come to light in the last two days - I was unaware of any problem until a customer came in on Thursday to say that my employee seemed very stressed and had warned him to stop 'touching' me (which he hadn't been doing). A staff member who overheard this customer comment then told me what had been happening with her and subtle questioning of other employees revealed this has been going on for some time. If it was just tittle tattle within the shop I wouldn't be concerned. There are only five of us and we're all very friendly so resolving the problem diplomatically would not be a problem. However, as he is now spreading these malicious rumours among my customers the problem has taken on greater significance and his allegations, being of such a personal nature, also compromise my personal safety.

All you really need is a statement from the customer, if they would be willing to give one. (Statements from other employees would be helpful too, if they ar willing.)
It's quite clearly gross misconduct to be speaking to customers in your business accusing them of touching you!
Just make sure that you follow the disciplinary guidelines. You can call ACAS for help or read their guidelines and make sure you follow them.
If you want to suspend this individual while you are investigating, I strongly advise you to play it safe and pay him while he is suspended.

zzzLazyDaisy

jobbingmusician wrote: »

I was about to suggest exactly what gibson has suggested. You might like to take legal advice on whether the suspension can be without pay (which is unusual) given the seriousness of the allegations.

Suspension is a neutral act, which should only be done if necessary to enable an investigation to be carried out. At this stage in the proceedings the employee is only under suspicion of having done the act complained of, and no decision should be made until a full investigation has been carried out, which includes allowing the employee a fair opportunity to explain things and provide his version of events. Suspension should always be on full pay - to do otherwise would give rise to the right to make a claim for unlawful deduction from wages by the employee, but more importantly suggests that some form of judgement of the situation has already been made, which is liable to render the decision unfair.

OP you need to seek proper advice. If you get this wrong, there is a risk that this employee could make a claim against you for discrimination on the grounds of his sexual orientation, as well as for unfair dismissal. This could potentially be very expensive, so it is very important that you follow correct procedures and that you do not come to any final conclusions until you have spoken to everyone concerned, including the employee himself.

An internet forum is not the best place for you to get advice, given the potential cost to the company if you do not follow proper procedures by the book.