When can I suspend an employee?

Should never be an automatic approach

It used to be an immediate reaction to a serious disciplinary matter but times are changing and suspension shouldn’t be the ”knee jerk” reaction of old.

ACAS has recently published guidance on when to consider suspension of an employee.

It notes that an employer should only usually consider suspension from work if there is a serious allegation of misconduct; medical grounds to suspend; or a workplace risk to an employee who is a new or expectant mother.

Importantly, the guidance reminds us that suspension “should never be an automatic approach when dealing with a potential disciplinary matter” and we should only consider suspension if there is a serious allegation of misconduct and:

• working relationships have severely broken down
• the employee could tamper with evidence, influence witnesses and/or sway the investigation
• there is a risk to other employees, property or customers
• the employee is the subject of criminal proceedings which may affect whether they can do their job.

That said, we often need to use suspension to take the heat out of a difficult situation and it is useful in these circumstances, providing that timescales are kept short.

The guidance also recommends consideration of alternatives to a suspension, for example, moving the employee to an alternative work area or role temporarily or working under supervision.

Employers are reminded that suspension as part of a disciplinary procedure should be on full pay and should be as short a timescale as possible.