5 considerations before you suspend an employee

Suspension can be a useful tool when handling serious misconduct allegations, allowing you, as the employer, to preserve evidence and prevent witness intimidation. However, it must be used fairly and reasonably to avoid legal risks.

Here are 5 mistakes all employers should avoid

1. Don’t move a suspended employee onto sick pay
   If an employee goes off sick during suspension, you usually can’t switch them to sick pay unless the contract explicitly allows it (Wright v Weed Control Ltd). Employers and HR should review employment contracts to ensure suspension clauses are clear.
2. Unpaid suspension is likely unlawful
   Suspension should usually be on full pay. Suspending without pay prejudges the disciplinary process and could be a fundamental breach of contract, leading to constructive dismissal claims. Even if your contract allows unpaid suspension, it must be exercised reasonably.
3. Use suspension wisely
   Employers can’t use suspension as their default response. It must be proportionate and necessary. In Gogay v. Hertfordshire CC, an unjustified suspension breached trust and confidence, leading to constructive dismissal.
4. There must be a justifiable reason
   Suspension should only be used to protect an investigation, prevent misconduct, or safeguard others. Employers should first consider alternatives like temporary redeployment.

Suspension must be reviewed regularly
The Acas Code states that employers must keep suspension under review and avoid unnecessary delays. A prolonged or unjustified suspension could result in constructive dismissal or breach of contract claims.