Over the last five years, there has been a shift in the perception of suspension during disciplinary procedures. Conventionally, it was felt that removing an employee from the work place would strengthen a disciplinary case, as this demonstrated how seriously the employer viewed the allegations. However, Employment Tribunals generally now disapprove of ‘knee-jerk’ suspensions in reaction to incidents, and have identified several risks attached to the suspension of employees.
In response to this, Acas has published new advice on how to properly consider and handle staff suspensions at work. It is crucial that employers are aware of how to effectively go about suspension, whilst keeping their employees’ wellbeing in mind.
What is suspension?
Suspension takes place when an employer tells an employee to temporarily stop carrying out work while a matter is investigated. It is usually reserved for matters of alleged misconduct. Although a suspension is not a formal disciplinary action in itself, it does often lead to disciplinary proceedings. Suspension does not mean an employer has decided that an employee has done anything wrong, and should not be used as a sanction.
Are you considering suspension?
Acas has suggested that employers should consider each situation carefully before deciding whether to suspend someone, as it can significantly affect working relationships and the mental health of those involved. When initially considering suspension, employers should gather information on:
- what has happened;
- who is involved, and;
- how serious the situation might be.
Suspension should only then be considered if employers believe it is needed to protect any of the following:
- the investigation (e.g. if you are concerned about someone influencing witnesses);
- the business (a genuine risk to your clients, business interests, or property);
- other staff, or;
- the person under investigation.
Are there any alternatives?
Suspension should only be used in serious circumstances where there are no alternatives. Acas has placed a much greater emphasis on the alternatives that should be considered before a decision is made to suspend.
Other options to suspension can include:
- Working from home;
- Working in a different office or site;
- Changing shift patterns;
- Stopping part(s) of their job;
- Working with different clients or away from certain clients (e.g. if you are investigating a serious complaint from a client).
Employers should discuss the temporary change with the relevant employee and keep the reason for the change confidential. Both the employer and employee should be aware of what they will tell others at work about the change.
Employers should act fairly and reasonably when deciding between moving two people. In doing so, employers might only move one person, move both people, or not move either person. If two people need to be separated after one makes a serious complaint, the employee making the complaint should not be moved; this could be seen as a punishment for speaking out.
Making your decision: final checks
Before following through with suspension, employers should consider:
- the evidence found so far;
- the wellbeing of the person under investigation, and how their mental health may be impacted if suspended;
- support they will provide to anyone they suspend;
- the risks of not suspending an employee;
- the gravity of those risks, and;
- any alternatives to suspension.
Once the above checks have been considered, employers must decide whether to follow through with the suspension process, make an alternative change to suspension, or abandon the decision to suspend altogether.
Suspension in summary
Deciding to suspend an employee should not be a ‘knee-jerk’ reaction and should be used with caution. If suspension is not a reasonable way of dealing with the situation, you could be at risk of breach of contract.
Above all, employers should take into account the mental health and wellbeing of those employees concerned, and encourage them to seek support if they need it.
If you are still unsure whether suspending an employee is appropriate, or have any other questions relating to suspension, please contact the Employment Team on 03330 430350.
