Suspension from work Articles / Good Practice Date: Mar 19, 2009 - 02:39 PM Suspending someone, even on full pay, is an emotive and serious step that most employers do not do lightly. And many are unsure if they are even allowed to do it. So when can you suspend someone? Providing there is a suitable reason and the employee suffers no detriment - they continue to receive full pay and other benefits as normal - then most employers will have the right to suspend. For many this right is set out in their handbook, but ACAS's Code of Practice also allows for suspension, which means that the courts are likely to view it as reasonable behaviour. ACAS used to say that this was to allow further investigation of the matter. They no longer limit it, as there are many reasons for suspending employees today, for example: To stop any recurrence, especially where gross misconduct that could lead to dismissal is suspected. Suspension underlines the seriousness of the situation and the potential breakdown in trust. To allow proper investigation - it stops the 'offender' interfering, and can allow other employees to come forward when they can see you are taking it seriously. Cooling off can be crucial - the employee may well react better and management more rationally, after taking a while to calm down. This will stop procedural mistakes being made. In high profile roles, it might be best to get them away from the public eye, for their sake and for the employer's. Finally it gets the employee focussed on the fact they could lose their job. They will now treat it seriously and they will properly review their own situation. And you will have to balance suspending early or waiting until the case looks stronger. There are no absolute guidelines, but the seriousness of the alleged offence and the ability to investigate quickly and effectively will be the key. An early investigation may help as just asking for an explanation can resolve it or may focus the investigation and make the suspension shorter. For most employers suspension carries only slight risks, but if you can, take advice. Do it badly or inappropriately and you could just be caught by a constructive dismissal, discrimination or a stress claim, especially if you allow it to drag on unreasonably. Finally, how do you do it? You should announce a suspension firmly, clearly and in person. Explain what you are doing, why and how long it should last. In a unionised environment you may wish to allow accompaniment but there is no legal requirement. Follow this up immediately with a letter of confirmation as sometimes people think they have already been dismissed (or pretend that they have). Suspension is not a step to be undertaken lightly but neither must it be shied away from. And remember, it is a step in the disciplinary procedure, not a punishment in its own right and does not imply 'guilt' or that disciplinary action will follow. Key issues: Before you suspend, consider a number of factors: Are there sufficient reasonable grounds? The implications for the employee. The potential threat to the business or other employees? Will it allow a proper investigation of the allegations? How long should it last? Make sure your procedure allows for it Think carefully about when to do it Do it properly and get it in writing This article comes from BackupHR - http://www.backuphr.com/ The URL for this story is: http://www.backuphr.com/modules.php?op=modload&name=News&file=article&sid=94