We have an employee who was involved in an accident outside of work, to which he’s admitted liability and which result in the death of 3 people. 2 other members of staff are acting as witnesses for the prosecution, their evidence being the most damning.
There are no bail conditions regarding contact between the employee accused and the witnesses, so the option of dismissal in order to comply with a legal requirement isn’t open to us.
The employee wants to come back to work but has admitted that it’s going to be difficult working with the witnesses. A number of employees, including the witnesses, have expressed a preference not to work with him. Added to this, he is already on a warning for threatening behavior.
As I see it dismissal would be risky, relocation into another area of the business is a consideration (although contact with the witnesses would still happen), suspension on full pay until the court case another. Any other ideas? Relevant case law? Or has anyone dealt with something similar?