Open Navigation

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.

News

CoronaVirus

International Arrivals: Negative COVID Test Required

The UK Government has announced that all international arrivals to England and Scotland from the week commencing 11 January 2021, including UK nationals, will be required to present a negative COVID-19 test taken up to 72 hours prior to departure. This will be on top of the mandatory 10 day self-isolation for arrivals not from…

Read More

“Costs-Plus” and Indirect Age Discrimination

A claim for indirect discrimination can be successfully defended if an employer is able to show that it was acting in a way which was “a proportionate means of achieving a legitimate aim”.  Whilst cost alone cannot amount to a justification for otherwise discriminatory practices, cost plus other factors (known as the “costs-plus” justification) may….

Read More