Suspension with pay is a normal occurrence when an employee is facing allegations that are of a gross misconduct nature and may lead to dismissal and where their continued presence in the workplace poses a potential threat to an investigation or to the business, customers, service users or other employees. Having said that, suspension should only be implemented when it is genuinely necessary.
Employers are largely familiar with the need to issue a letter of suspension explaining that it does not infer guilt, it is a holding measure pending investigations and also including any restrictions on attending the workplace and contacting colleagues and clients.
Most suspensions are short, only lasting for as long as is needed to complete an investigation which clears the employee, or to complete a disciplinary process. In some instances though, suspension can be lengthy, for example due to the complexity and extent of investigation, availability of persons who need to be interviewed or parallel police investigations.
What is often overlooked is the need to safeguard the welfare of the suspended person. Suspension can be an extremely isolating and stressful experience. In certain sectors suspension is mandatory when certain types of allegation are made, leading to the suspension of people who are guilty of no wrongdoing.
Not keeping a welfare eye on a suspended employee can have consequences outside of employment law. The employer’s duty of care still exists and negligence/PI claims can arise where a badly handled suspension has led to damage to mental health.
Within the employment law arena, it can also lead to a constructive dismissal claim and where the process ends in dismissal can be a factor taken into account when a Tribunal is considering an unfair dismissal claim.
Measures that can be considered to support the suspended employee include
- clear communication with the employee at the outset so they are aware of why they are suspended and where they stand with their pay and benefits;
- regular updates on what is happening in the investigation/disciplinary process and the likely timescales involved;
- regularly reviewing whether continued suspension is really needed and confirming to the employee that the review has taken place;
- providing a point of contact for the employee if they have any concerns; signposting the employee to support within the organisation, such as an employee assistance programme, mental health champion or trade union, and encouraging them to access it; and
- signposting the employee to external support such as a mental health helpline, Citizens Advice, or the ACAS helpline.
Having documented evidence showing consideration was given to the decision to suspend, there was clear communication of the reason for suspension, and meaningful support during suspension was offered, will both protect the wellbeing of the employee and assist an employer to defend related claims.
If you need advice on how to handle suspension please call us on 033 33 215 005 or email websiteenquiries@wirehouse-es.com
