Seamus McGranaghan qualified as a Solicitor in O'Reilly Stewart Solicitors in 2003 and is an experienced Commercial Lawyer dealing with employment, commercial and education cases.
He has experience in the Industrial Tribunal representing both Claimants and Respondents and has provided seminars in relation to particular areas of employment law. Seamus is the only member of the Education and Law Association in Northern Ireland. He specialises in advising schools and colleges on policy matters, employment issues and student welfare. He is also responsible for the Education Law Quarterly Review.
In addition to having contributed at Legal Island’s Education Updates since 2010, Seamus in association with Legal Island provides a live “Employment Law @ 11” webinar on the first Friday of each month, dealing with all aspects of Employment law affecting Northern Irish employers.

What is your view on precautionary suspension when you have an allegation of sexual harassment? Would you suspend the alleged perpetrator?
Seamus: I mean, I think that the code of practice around suspension contained in the disciplinary and grievance policy and procedure, you have to look at everything in the round. You can't just jump in and say, "It's a suspension". Suspension should be used where the continued presence of the person would put the investigation or anybody else at risk, or alternatively, where that's going to impede or prevent you being able to carry out a fair investigation.
Suspensions are precautionary, and they are not punitive. They're not seen to be a punishment. They are simply precautionary, and the employee is entitled and receives their full normal salary whilst they're suspended. But it can feel punitive, absolutely, if you're the person that's being put on suspension.
I think suspensions need to be . . . you need to be careful about putting a suspension in place because sometimes a person can say, "Well, look, they've suspended me, they found me guilty, they don't want me there". And so you do need to explain that it is precautionary.
I think you do need to look at the circumstances. If you have a big organisation and you can take one employee and transfer them to another department where they will not be in contact with the person that's alleged the allegations, that's a possibility you might not need to suspend. It also depends on the severity of the allegations that have been made.
It's not always a straight dive in to do it. I think that you do need to give careful consideration to it, but if you're satisfied that suspension is the right route, it's not punitive, it is precautionary. As long as that's explained and set out in writing to the person . . . And then you keep it under review.
Christine: Yeah. So, you can't say every allegation of sexual harassment you must suspend. It's going to depend. There's a whole scale of sexual harassment, very high-end and much lower down. Obviously none acceptable, but you'd have to agree at that really before you think of suspension.
Seamus: Yes. I think certainly if you ended up in a tribunal and you had to justify your position, you would be saying, "Well, look, it wasn't that I just said to suspend immediately. I looked at what other options were there, but there weren't any", or, "That wasn't going to be feasible because we didn't have the resources in order to be able to do that".
So you do need to think about these things around it. You can't just jump in and say, "Suspension. Done". It's not as clear-cut as that.
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