“What should we think about before suspending an employee?”

Suspension may be an employer’s first thought when it suspects an employee of misconduct. But removing the employee is not always the appropriate response. Although suspension is not considered to be a disciplinary action, it has implications and needs to be exercised with caution - and only after careful consideration.

Is suspension the right step to take?

Suspension is only really the potentially correct action where you believe there’s a genuine risk to:

• your business
• your staff (including the person you’re considering suspending)
• your investigation into what happened

The bottom line is that your decision to suspend must be reasonable. It certainly shouldn’t be a knee-jerk response or something you do without being able to fully justify your decision.

One reason not to suspend is where there is another option. For example, could you agree with the employee that they work from home for a short period, or that they change some aspect of their duties while the investigation is carried out? Imposing (rather than agreeing) these types of changes could breach the employee’s contract, so it’s important to get advice on bringing about the change safely.

How to suspend

Employment contracts usually contain a suspension clause. Things can get complicated if there isn’t a clause and the employee might have an implied right to work, so checking the contractual position should be the first port of call.

Communication is so important. The employee must understand why they’re being suspended (although there may be situations in which you can’t go into specific details); that they’re not being punished; and that suspension is necessary while you carry out the investigation. You should set out any boundaries - not talking to colleagues, for example - and also give them a timeline so they understand the process.

During suspension

Employees are entitled to their pay and benefits while suspended unless the contract says otherwise. It’s also essential to maintain contact with them during that period and support them as necessary. Suspension can be stressful and employers need to be mindful of the pressure it can put on employees. This is one reason to make sure you communicate well, and that the suspension period is as short as possible.

After suspension

Once the investigation has ended, you’ll need to decide whether or not to start disciplinary proceedings. While those proceedings can be complex and need to be handled very carefully, the alternative - taking no further action - also requires effort on the employer’s part. It’s not enough to tell the employee: we’ve investigated, now back to work.

When will they return? What will their colleagues be told? What support is available? These are all things employers should talk through with the employee.

As with all aspects of employment law and HR practice, reasonableness is key.

For advice about suspension, disciplinary processes, or any other workplace issue, contact our team on employment@bsandi.co.uk or call us on 01264 353411.