What would you do if one of your employees did a ‘Donald’ ?

October 14, 2016

In what could be described as one of the most public and in-depth job interviews, Donald Trump has received a lot of bad press which has led us at Honest Employment Law Practice (HELP) to ponder the question – What would our advice be if he was an employee of one of our clients?


Trump’s latest faux pas to surface is the recording of him making sexually aggressive comments about women and a private area of a woman’s anatomy that, being a celebrity, makes it easier to grab!

They say that all publicity is good publicity, but how would you feel as an owner/director of a company if one of your employees was found to be publically making comments such as these, especially on company time.

Trump’s excuse was that the comments were “locker room banter”, but when this “banter” offends people, and in this case, the majority of women in the world, it becomes a big issue.

It is always helpful to have a policy which refers to defamatory/detrimental comments made by employees in public; this may be covered within the disciplinary policy and/or in a separate specific policy which details what the company deems as acceptable/unacceptable.

Investigation into the matter must be swift, and if you feel like the employee is a risk to the business, you may decide to suspend them on full pay whilst the investigation takes place.  Always get their side of the story before moving to formal disciplinary proceedings.  You must still follow a process in order to reduce the risk of employment tribunal, even if you are sure that the only outcome can be dismissal.

If you encounter this problem or any HR issues, we are here to HELP.  We provide outsourced HR and Employment Law advice to businesses, from producing bespoke employment documentation to advising and guiding managers through HR issues, right through to employment tribunal representation.  As a client of HELP you are allocated your own commercially aware consultant who quickly gets to know you and your business.  We do not tie you into long term contracts so if at any point the service is no longer suitable to your business, you are free to leave at any time.

Why not give us a call today on 01543 431 050 to discuss how we can HELP you?

Author – Hattie Sketchley-Bates, HR & Training Consultant

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