The Dangers Of Misconduct Allegations: When Allegations Prove Fatal

I was saddened to see in The Times two separate reports detailing the aftermath of harassment or misconduct allegations in the workplace.

Lives and careers can be ruined by investigations into misconduct. I have had the unfortunate privilege of bringing a case against an organisation that disciplined and sacked my client (who they knew was suffering from mental distress), who took his own life. This should never happen.

A teacher at Marlborough College has killed himself after being sacked over a school trip. He faced accusations of inappropriate comments while on an exchange trip to Malaysia and hanged himself after being sacked. Whether or not the allegations were proven or true is slightly irrelevant: what support was being provided to an individual in crisis whose career was at stake?

A don at Oxford has left Said Business School after an investigation found he made unwanted advances towards a vulnerable female academic. An internal enquiry found that he made a romantic advance towards a female academic who sought his protection from another colleague she had accused of sexual assault. Professor Dutta stepped down as head of the School after the inquiry concluded he had harassed the woman on three occasions. He denied harassment, and no financial settlement was paid.

It's quite right that if you cannot conduct yourself properly in the workplace, you should be investigated with the possibility of sanctions. But the process must be handled with due regard to the well-being of all involved.

Where misconduct is alleged, it is incumbent on an employer to investigate, but what concerns me is the lack of regard that is paid to the emotional well-being of anyone involved in the investigations, both on the side of the accuser and the accused.

In the aftermath of the first wave of #MeToo, we saw an increase in new client work from men who were being hauled over the coals by their employers. The City banks and bigger institutions seemed so intent on cleaning up their houses that they at times appeared to go overboard. In the process, careers, lives, and marriages were broken.

We acted for a senior banking executive who was one morning marched away from his desk and placed on immediate suspension. He was given no information about the allegations which had been made against him, had no knowledge of who the complainant was, or any other information. Despite numerous requests, this information was denied to him throughout the period of his suspension. His marriage was under pressure: his wife could not believe that he was innocent if he had been escorted from the office. He literally drove himself to a breakdown trying to think about what he could have done or said to cause this. Ultimately, the complainant withdrew her allegations, which had been completely fabricated. His career and his mental health were in pieces. He could not return to a workplace where he had been so poorly treated. His reputation was in tatters.

Employers need to be really careful that they follow a fair process with due regard to the impact they may cause. If you are facing a misconduct investigation, you should take early legal advice as soon as possible and secure the support you need to go through any process from your GP or other medical practitioner. You should choose a lawyer who will provide as much moral support and reassurance as legal advice. You may feel a sense of shame, but you do not have to go through this alone. Whether you are exonerated or not, this will never be an easy process to endure.

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