Advising managers: how to suspend an employee
Advising managers: how to suspend an employee

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Advising managers: how to suspend an employee
  • Legal considerations and implications
  • The implied obligation to provide work
  • The implied duty of trust and confidence
  • Acas Code of Practice and guidance
  • Right to be accompanied
  • When to suspend an employee
  • Who should carry out the suspension
  • How to suspend an employee
  • The length of a suspension
  • More...

Coronavirus (COVID-19): Issues relating to handling disciplinary and grievance matters during the coronavirus (COVID-19) pandemic are considered in Practice Note: Coronavirus (COVID-19)—handling disciplinary and grievance issues during the pandemic.

A suspension is a period of time when an employee is required by their employer to abstain from their normal work. If the employee usually works at the employer's premises, and/or out and about with customers, this means they will not attend their normal place of work during the suspension. If the employee normally works from home, it means that they will refrain from undertaking the normal tasks and duties associated with their work.

Suspension is used as a protective measure while the employer investigates allegations of serious misconduct against an employee, and the employer has reason to believe that the employee's continued presence in the workplace or performance of duties may:

  1. impede the investigation into the allegations, or

  2. present a serious risk to the interests of the business, its customers, or other employees

It will often be necessary for an employee to be suspended as soon as an investigation has unearthed a serious matter which will be, or is likely to be, the subject of disciplinary action, even though the full investigation into that matter has not been completed. Continuing the investigation is not a flaw in the proceedings and does not

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