In some cases, it may be appropriate for the employer to suspend the employee from work pending the completion of an investigation. However, given the serious implications of suspension for an employee, including for their morale and professional reputation, the Investigator must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.
It is important to advise the employee that suspension does not constitute disciplinary action and does not itself imply any presumption of guilt on the part of the employee.
Suspension is part of the investigation process and the employee should receive normal pay whilst they are suspended from work. The situations were suspension may be appropriate include those involving physical violence, harassment, fraud, theft, where there is a genuine risk to the business or where the employee may interfere with witnesses or the collection of evidence.
A recent court appeal has shown that it can be dangerous to be hasty in suspending someone from work without preliminary investigations. The court decided that the employer was in breach of contract, duty of trust and confidence, even though the employee received full pay. There is a stigma attached to being suspended and some preliminary investigations, even very brief, should have been undertaken, particularly where third parties make allegations about the employee’s conduct. Suspension without pay would certainly be construed as breach of contract. Suspension even with pay should be for as short a period of time as possible. It is still a serious step to take and should not be used for minor situations.
Disciplinary Suspensions
- Introduction
- ACAS Code of Practice
- Grounds for Suspension
- General Principles of Suspension
- The Suspension Process
| Suspension From Work Checklist The Suspension from work checklist provides a series of points to follow when suspending an employee from work. | Download now .... |
| Confirmation of Suspension From Work The Confirmation of Suspension Letter is to be used to confirm the suspension of an employee where there have been allegations of misconduct against the employee. The letter explains that suspension is a precautionary measure to allow an investigation to take place and clarifies that suspension is not a presumption of guilt or disciplinary action. Pay and benefits should remain unaltered. The letter details what the employee should and shouldn’t do during the suspension period. An unjustified suspension period may amount to a breach of the implied term of trust and confidence which could lead to the employee’s resignation and a claim of constructive unfair dismissal. | Download now .... |
| Confirmation of Receipt of Medical Certificate During a Period of Suspension The Confirmation of Receipt of Medical Certificate During a Period of Suspension thanks your employee for their medical certificate and notifies them that while the investigation is ongoing they will continue to receive full pay, but once it is complete and you are in a position to proceed the period of suspension will be lifted and they will be on sick leave and receive sick pay until such time that your GP considers you are fit to return to work. | Download now .... |
| Confirmation of Review of Period of Suspension The Confirmation of Review of Period of Suspension confirms that the investigation is ongoing and therefore the period suspension will continue. | Download now .... |
| Confirmation of End of Period of Suspension The Confirmation of End of Period of Suspension confirms that the investigation has completed and the period suspension is lifted so the employee can return to work. | Download now .... |