Employee suspension

Suspension is the situation which arises when an employer tells an employee to temporarily stop carrying out their work. Often, suspension will arise whilst the employer carries out a disciplinary, or grievance investigation if the situation is serious. ACAS has recently issued guidance on suspension.

The guidance makes it clear that the employer should carefully consider the situation before deciding whether to suspend an employee. Suspension does not mean that an employee has done something wrong and should not be used as a disciplinary tool. Unsurprisingly, suspension can be very stressful for the employee and the guidance suggests that employers:

• consider the well-being and mental health of the person they are considering suspending
• only suspend someone if there is no other option
• plan what support will be provided to the suspended employee.

ACAS suggests that there are several steps which an employer should take when considering a suspension:

• start looking into the situation to help understand what has happened and whether suspension might be appropriate
• consider whether suspension is needed – suspension should only be considered if it is needed to protect the investigation, the business, other staff and/or the person under investigation
• check whether there is an alternative – a change in shifts, working from home or working in a different part of the organisation are all alternatives to suspension
• be fair and reasonable if two people are involved
• take into account the situation as they find it, particularly if an external body such as the police or a regulator is also investigating
• carefully weigh up the decision.

There is no doubt that the ACAS guidance is helpful but an employer should consider whether specialist employment advice is needed which could avoid a damaging or expensive employment claim. If an employee has been suspended but does not agree with the decision, they may wish to raise a grievance; obtaining legal advice on the options available could avoid considerable stress.

To discuss this or any other employment matter, contact us.