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Suspension

Suspending an employee where necessary

When dealing with serious allegations it may be appropriate to suspend the individual involved pending the outcome of the investigation. It is important for employers to ensure that it is proportionate to suspend the employee in the circumstances as it is a serious step to take and may have implications for the employer/employee relationship going forward.

Suspension during an investigation should only be considered in the most serious circumstances. It can make the ongoing working relationship untenable as assumptions of guilt may be drawn, resulting in claims of constructive dismissal. Instances where suspension may be appropriate include where there is a threat to the business or to other employees, or where it is not possible to conduct a proper investigation into the allegations whilst the employee in question remains at work.

Any period of suspension should be kept as short as possible, and the employee should be given as much information as possible as to the anticipated length of suspension and their rights whilst suspended. Suspension should be with pay and the decision to suspend should be continuously reviewed. Suspension without pay is nearly always unlawful.

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The New Immigration Framework

The Government has released further details of the new immigration schemes that will open from 1 January 2021 when free movement ends with the EU. The 130-page document outlines the draft requirements for the main work and study routes to the UK. The new immigration architecture will be endorsed by Parliament later in the year….

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Suspension of Entry to the United States for Foreign Nationals

On 22 June 2020, President Trump issued a Proclamation suspending entry to the U.S. of foreign nationals in certain non-immigrant (temporary) visa classifications. The entry ban took effect on 24 June 2020 at 12:01 a.m. Eastern Daylight Time. WHO IS IMPACTED BY THE BAN? Individuals in the following visa categories who were outside of the U.S. on…

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Tier 2 Sponsor Compliance

Background As part of UKVI’s aim to modernise, improve and broaden how it delivers sponsor register assurance, a new approach has been introduced which assesses Tier 2 sponsor compliance via a telephone interview. UKVI advise that the new activity will supplement but not replace the established activity of full compliance audits that are carried out…

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