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Request A CallbackSuspension should not be a knee jerk reaction for an employer when dealing with a potential disciplinary matter. ACAS has published new guidance in relation to suspending employees. It is not binding but should be adhered to as a matter of good practice.
Alternatives should be considered where possible. These include:
The ACAS Code of Practice on Discipline and Grievance must be followed when dealing with a disciplinary situation.
Where suspension with pay is necessary, the period should be (1) as brief as possible, and (2) kept under review (failure to do so could amount to a breach of an implied term of mutual trust and confidence and could be grounds for constructive dismissal).
The guidance can be found here.
If you feel that you need some advice before you suspend an employee, please contact our Employment Law team on 01245 890110 or by email at [email protected].
With over 40 years’ experience, Fisher Jones Greenwood is a long-established Essex Solicitors. With nine offices around Essex, Suffolk and London. Phone us on 08455 435 700 or email us and we’ll call you back to arrange a meeting with a solicitor or lawyer.
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