Suspending staff during the disciplinary process

During disciplinary processes all employers have to consider whether or not they should suspend a person whilst the disciplinary process takes place. As with most things in employment law, if employers use a certain degree of common sense and act reasonably then they are far less likely to land in hot water.

Is suspension allowed for in the staff handbook or disciplinary procedures?
It is always a good idea for any employer to allow themselves the options of suspending an employee in their own disciplinary procedures. In this way, if suspension becomes necessary to consider, an employee is less likely to be taken by surprise and indeed can be referred to the said policy.

In what circumstances may it be necessary to suspend an employee?
Clearly, this will need to be considered on a case by case basis. However, it will not necessarily depend upon the seriousness of the incident although this will always be a consideration. The main issue will be is a suspension necessary.

If a case involves an investigation that may be hampered if the employee is still within the workplace then this is an obvious case for suspension. The same will apply if there has been an assault and the people involved all need to calm down. If there is a risk in the employee staying at work i.e. they have allegedly been stealing whilst in their role then again suspension will often be necessary.

How long should the suspension last?
The suspension should last no longer than is necessary and should be reviewed on a regular basis. It is always in the interests of all concerned that investigations are concluded as quickly as possible so that the process can move on to the next stage if necessary. It may therefore be the case that once an investigation has been carried out the employee can, in certain circumstances, be allowed back to work. It is never a good idea to suspend because dismissal is very likely as this may be seen as prejudging the issue.

What should an employer do?

• Have policy documents that allow for suspensions;
• Use the right on a case by case basis and explain in writing why suspension is appropriate;
• Explain in writing that suspension is in no way a prejudging of any issue and is not a punishment;
• Review the decision to suspend on a regular basis and, if it is to continue, explain why in writing;
• Keep the period of suspension to a minimum and do not delay investigations;
• Keep in touch with the employee i.e. by sending copies of staff newsletters or memos etc so that they still feel involved as an employee rather than having been cut adrift from their workplace;  
• Above all be reasonable, consistent in your approach and prepared to justify your decision.

We hope that you have enjoyed this blog. This is the thoughts of the author and should not be relied upon for any particular employment issue. If in doubt then always seek legal advice. If you would like to leave a comment then feel free to do so.

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