Need to suspend an Employee? Our Top Tips!
As a general rule, some employers will suspend employees when they are suspected of committing gross misconduct. However, employers should be cautious about suspending as a matter of course.
Is it a neutral act?
Whilst it is commonly cited that suspension is a neutral act, and your suspension letter will likely state this, suspension is not a neutral act. There is no smoke without fire! Anyone who comes in to contact with a suspended employee and/or discovers the fact that an employee has been suspended i.e. colleagues, clients, suppliers etc will assume that the employee must have done something seriously wrong to warrant the employer taking such action.
Current Position?
Recent case law has reaffirmed that suspension should only be used where you have reasonable and proper cause for doing so. It will be acceptable to suspend an employee where the employer has good reason to believe that they need to remove the employee from the workplace because:
- There is a real risk the employee will interfere with the investigation;
- There is a real risk the employee’s presence will damage the business interests and/or poses a significant risk to the safety of themselves, colleagues, client/customers etc.; or
- There is a risk of the conduct reoccurring.
Getting it wrong?
Where an employer suspends an employee without reasonable and proper cause, it is likely that this could amount to a breach of the implied term of mutual trust and confidence entitling an employee to resign and pursue a claim of constructive dismissal against the employer. Additionally, any dismissal by the employer may be deemed to be unfair.
Getting it right? – Our Top Tips!
Seek advice from an Employment Law expert before suspending an employee to ensure that suspension is an appropriate step.
Suspension should only be for as long as is necessary. Therefore, regularly review the suspension to consider whether it is still necessary.
Ensure any communications with clients or employees about why the suspended employee is not at work are done in a neutral way. It is best to avoid using the word “suspension”.
Ensure the decision to suspend the employee, the reason(s) for the suspension and the terms of the suspension are confirmed in writing, (i.e. not to attend work, contact clients/colleagues etc) are expressly detailed to the employee.
For specialist advice on suspending an employee or on any other employment law matter, please contact our Coventry based Employment Law Solicitors:
Email: Lianne@askewslegal.co / Jake@askewslegal.co
