Employers have been found to be in breach of the implied term of trust and confidence through “knee-jerk” suspensions. Cases of constructive dismissal have also been built from suspending an employee unnecessarily.
Suspension should always be a last resort, and you should always consider whether any, less onerous, alternatives are possible (such as the individual working from home, having access restricted to certain information, being supervised at all times or being temporarily redeployed).
Consideration should also be given to what you are trying to achieve by suspending the employee, for example safeguarding, protection of evidence or other employees and why suspension is necessary.
You should be aware prior to suspension of evidence is available – are the allegations being made against an employee credible? A full judgment on the facts obviously will not be made until the conclusion of the disciplinary proceedings, however the employer should at least carry out some preliminary investigations prior to suspending the employee and be confident there is some evidence to back up the allegations; and what effect the suspension may have on the employee. For example, will suspension likely have a material impact on the employee’s reputation, either internally or externally.
For further support and guidance on whether suspension is necessary, please contact your Heads HR Consultant on 0161 850 4343.
