Suspension From Work
Employers that wish to suspend an employee following an alleged act of misconduct need to consider that Tribunals do not consider this a “neutral act”. If handled incorrectly, suspension can irreparably damage the employment relationship and make a subsequent dismissal unfair. Suspension should therefore only be considered in the most serious situations. Ask yourself – is suspension necessary?
Effectively managing suspensions from work is crucial for addressing serious workplace issues while ensuring fairness and legal compliance. Below, we outline the key aspects of managing suspensions, legal considerations, and strategies to ensure fair and effective handling of such situations.
Acas Code of Practice
All employers should comply with the Acas Code of Practice – Disciplinary and Grievance Procedures. The Code makes it clear that suspension must be as brief as possible and kept under review. An unreasonable failure to comply with the Code can result in an uplift in compensation of up to 25% in the event that the employee pursues a claim for unfair dismissal.
Reasons to suspend
There must be a justifiable and legitimate reason to suspend – so consider this carefully – a Tribunal Judge certainly will! Consider:
- the need to protect the business
- the need to protect the employee’s colleagues
- the need to protect the integrity of the investigation
- risk to the employee’s reputation
Failings in the investigatory process, including inappropriate suspension, can result in successful findings of unfair dismissal under Employment Rights Act 1996 and of wrongful dismissal.
Alternatives to suspension should be considered and the reasons for any suspension should be documented (bearing in mind that any such documents will be disclosable to the employee in the event of a Data Subject Access Request under the Data Protection Act 2018 or in the event of subsequent litigation).
Duration
The company’s disciplinary policy will normally give an indication as to the likely length of any suspension. Generally, the requisite period of suspension will depend on the circumstances in question and the amount of investigation required. Unjustifiably long suspensions have resulted in successful claims of constructive dismissal, but lengthy suspensions are not unlawful per se if there are clear and proper reasons.
Contracts and policies
The employee’s contract of employment and any company disciplinary policy should be checked to ensure there is a contractual right to suspend. Doing so without contractual right may be a breach of contract! If there is then then an employer must act reasonably, have reasonable grounds for a suspension and ensure that the period of suspension is reasonable.
It is also vital to apply the suspension policy consistently, being mindful to avoid any treatment that might amount to discrimination under the Equality Act 2010.
Pay and Benefits
Any period of suspension for the purposes of investigating allegations of misconduct should be with full pay if employers want to avoid allegations of breach of contract and potential claims for unlawful deduction from wages. Greater challenges are faced by employers in respect of employees who receive substantial payments of commission and/or overtime and there are similar challenges for employees who are on zero hours contracts where there is no guaranteed or fixed pay.
Process
Consider the identity of the suspending manager, the identity of any manager that will conduct and/or be involved in the investigation, the identity of any manager who will be responsible for conducting the disciplinary proceedings and any manager who will be responsible for handling any appeal. Unless it is unavoidable, the manager responsible for the investigation should not be involved in the subsequent disciplinary proceedings or the appeal.
The employee should be informed verbally they are being suspended and confirmation in writing and, in addition to confirming the position on pay, and the terms of employment that will continue to apply, should make it clear what is being investigated, the likely length of the suspension and that the suspension is not considered a disciplinary sanction
Effectively managing suspensions from work is crucial for addressing serious workplace issues while ensuring fairness and legal compliance. At [Your Law Firm Name], we provide expert advice and guidance on handling suspensions, helping you navigate legal requirements and implement best practices. Below, we outline the key aspects of managing suspensions, legal considerations, and strategies to ensure fair and effective handling of such situations.
Understanding Suspension From Work
Suspension from work is a temporary measure where an employee is asked to refrain from attending the workplace or performing their job duties. This can occur during an investigation into alleged misconduct, for health and safety reasons, or when an employee’s presence might hinder the investigation process. Suspension is not a disciplinary action in itself but a precautionary step.
Key Components of Managing Suspension
1. Clear Policies and Procedures
– Develop comprehensive suspension policies that outline the circumstances under which an employee may be suspended.
– Ensure these policies are communicated clearly to all employees and included in the employee handbook.
2. Fair and Impartial Decision-Making
– Ensure the decision to suspend an employee is based on objective criteria and is free from bias.
– Document the reasons for suspension and ensure they are valid and justifiable.
3. Communication and Documentation
– Clearly communicate the reasons for suspension to the employee, both verbally and in writing.
– Provide a written suspension letter outlining the terms of the suspension, duration, and any conditions.
4. Support and Well-Being
– Offer support to the suspended employee, including access to employee assistance programmes and counselling services.
– Ensure the employee is kept informed about the investigation process and expected timelines.
Legal Considerations in Managing Suspension
1. Employment Contracts and Policies
– Ensure suspension procedures are clearly outlined in employment contracts and company policies.
– Regularly review and update contracts and policies to reflect any changes in legislation or company standards.
2. Fair Treatment
– Treat all employees fairly and consistently when making suspension decisions.
– Avoid any actions that could be perceived as discriminatory or retaliatory.
3. Data Protection
– Comply with the General Data Protection Regulation (GDPR) when handling personal data related to the suspension.
– Keep suspension records confidential and secure.
4. Right to Pay
– Understand that suspension is generally on full pay unless there is a contractual right to suspend without pay.
– Ensure compliance with statutory and contractual obligations regarding pay during suspension.
Steps to Manage Suspension From Work Effectively
1. Develop and Communicate Suspension Policies
– Create clear and comprehensive policies outlining the suspension process.
– Communicate these policies to all employees and ensure they understand their responsibilities.
2. Make a Fair and Informed Decision
– Assess the necessity of the suspension and ensure it is a proportionate response to the situation.
– Consider alternatives to suspension, such as temporary reassignment or modified duties.
3. Communicate the Suspension Clearly
– Inform the employee of the suspension decision promptly and clearly.
– Provide a written suspension letter outlining the reasons, duration, and conditions of the suspension.
4. Conduct a Thorough Investigation
– Carry out a fair and impartial investigation into the alleged misconduct or issue.
– Ensure the investigation is conducted promptly and transparently.
5. Provide Support to the Employee
– Offer support services to the suspended employee, including counselling and access to employee assistance programmes.
– Maintain regular communication with the employee to keep them informed about the investigation progress.
6. Review and Conclude the Suspension
– Review the suspension decision regularly to ensure it remains necessary and proportionate.
– Conclude the suspension as soon as possible and communicate the outcome to the employee.
Handling Specific Situations
1. Allegations of Misconduct
– Suspend the employee if their presence may interfere with the investigation or pose a risk to others.
– Ensure the suspension is a neutral act and not a presumption of guilt.
2. Health and Safety Concerns
– Suspend the employee if their presence poses a risk to health and safety.
– Take necessary steps to address the health and safety concerns during the suspension period.
3. Performance-Related Issues
– Consider suspension only if the performance issue is serious and immediate action is required.
– Explore alternative solutions such as additional training or temporary reassignment.
4. Whistleblowing
– Handle suspensions related to whistleblowing carefully to avoid retaliation claims.
– Ensure the suspension is justified and not a punitive response to whistleblowing.
Conclusion
Managing suspensions from work effectively is essential for maintaining a fair and compliant workplace. Our team of experienced employment law experts is here to provide you with the guidance and support you need to manage suspensions efficiently and legally.