How to deal with suspension pending the result of a disciplinary investigation

Authors: Lavina Daryanani and Lynda Macdonald

Summary

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• Consider whether the circumstances of the disciplinary issue justify a short period of suspension of the employee from work.
• Take into account the provisions in the "Acas code of practice on disciplinary and grievance procedures" that relate to disciplinary suspension.
• Comply with any contractual procedures that apply to the suspension of an employee.
• Inform the employee that suspension does not imply guilt and that disciplinary action will not necessarily follow.
• Pay the employee in full during the suspension, unless the contract of employment clearly allows for the suspension to be unpaid.
• Treat the matter as confidential, as far as possible, so as not to cause unjustified harm to the employee's reputation.
• Keep the period of suspension under review and ensure that the circumstances of the case require its continuance. Do not allow it to become unnecessarily protracted.
• Be aware that, if the power to suspend is exercised without reasonable and proper cause, it may give an employee grounds to resign and claim constructive unfair dismissal.
• Note that in certain cases a court may grant an employee an injunction to prevent their suspension from work.
• Consider what action to take following the conclusion of the disciplinary investigation.