Suspending an employee is a serious step that employers should only take when absolutely necessary. While suspension can be a legitimate tool in certain workplace situations, it must be handled carefully to avoid legal risks and potential damage to employee relations. This guide outlines when suspension may be appropriate, considerations to taken in account, and practical alternatives to consider.
When Is Suspension Appropriate?
Suspension should only be considered when it is necessary to protect the business, employees, or the integrity of an investigation. Some common scenarios where suspension may be appropriate include:
- Serious Misconduct Allegations – If an employee is accused of gross misconduct, such as theft, violence, or harassment, suspending them may be necessary while an investigation takes place.
- Safety Concerns – If an employee poses a risk to themselves, colleagues, or customers (e.g. operating machinery under the influence of alcohol), suspension might be required to ensure the safety or all relevant parties.
- Protecting Evidence & The Business – If there is a reasonably held belief that evidence needs to be safeguarded or that an employee under investigation may attempt to intimidate witnesses or cause unnecessary business disruption, suspension could be justified.
- External Criminal Investigations – If an employee is subject to a criminal investigation that could impact their role, employers may need to assess whether temporary removal from duties is necessary.
- Other Situations – In rare cases, capability issues such as a medical condition affecting workplace safety might warrant suspension, though this should be handled sensitively and consideration should be given to any medical history and information that is available and should be discriminatory.
Legal Considerations
While suspension is not a disciplinary action in itself, it can lead to claims of unfair treatment from employees if the process is managed poorly and inconsistently. Employers should take account of the guidance provided in the ACAS Code of Practice which recommends assessing possible alternatives first before suspending and ensuring that consideration is given to the mental wellbeing of the employee being suspended. An employee’s contract may also set out particular terms and conditions relating to suspension and unless the contract states otherwise then employees should always continue to be paid in full during any period of suspension. A potential consequence of poorly handled suspension could be that the employee resigns and claims constructive dismissal. To avoid this it is important to maintain clear communication, avoid making assumptions, have a clear rationale for the suspension and in as far as is reasonably practicable maintain the confidentiality of the investigation.
Best Practices for Managing Suspension
If suspension is necessary then a number of key steps must be taken. The reason for suspension should be clearly explained to the employee in question and it should be made clear that suspension is a neutral act and there is no presumption of guilt. The decision to suspend should then be confirmed in writing and employees should be made aware of any restrictions around contacting colleagues, attending work and accessing work systems. Ideally, the employee’s line manager should act as a point of contact or if that is not appropriate another suitable manager should be designated and that manager’s name and contact details should be provided to the employee. As the investigation progresses the suspension should be regularly reviewed to determine if it is still necessary, if not then the employee can be brought back to work. It is vital to communicate and provide updates on progress to the employee and to allow them a formal opportunity to respond to any allegations.
Alternatives to Suspension
Before suspending an employee, consider whether a less disruptive alternative could be used:
- Temporary Role Adjustments – Assign the employee different duties that do not interfere with the investigation.
- Remote Working – If appropriate, allow the employee to work from home.
- Restricted Access – Limit access to certain areas or systems instead of full suspension.
- Supervised Work – If concerns relate to conduct rather than capability, increased supervision may be a viable alternative.
- Mediation or Training – In some cases, resolving workplace conflicts through mediation or additional training may be more constructive.
Suspension should never be a default response and every situation should be assessed on its own merits taking into account relevant factors before the decision to suspend an employee is made. Employers must ensure that any decision to suspend is proportionate, that the decision is clearly communicated to the employee and that it is regularly reviewed. By looking at alternatives and handling suspensions with sensitivity, businesses can minimise risks.
Further information and guidance on suspensions can be found on the ACAS website.
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Why not also check out last weeks blog Managing Discipline In a Remote Workforce
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