Suspension pending investigation: when and how to suspend an employee
Suspension means telling an employee to temporarily stop working during a disciplinary or grievance investigation. Ask the assistant whether it is justified and how to handle it fairly.
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Deciding whether suspension is justified
Acas says suspension should not be used automatically and does not mean the employee has done anything wrong. The employer should first find out what happened, who is involved and how serious it might be.
It should only be considered if it would reasonably protect the investigation, the business, other staff or the person concerned. Alternatives include changing shifts, working from another site or removing access to a specific system. An unreasonable suspension risks breaching the employment contract.
Telling the employee and supporting them
The employee should be told as soon as possible, face to face where it can be done, with the reason, the next steps and confirmation that pay and benefits continue.
Written notice is not a legal requirement, but a letter or email avoids misunderstandings. The suspension should be as brief as possible and reviewed regularly.
Frequently asked questions
Is suspension a disciplinary sanction?
No. The Acas Code says it should be made clear that suspension is not considered disciplinary action.
What are the risks of reducing pay during suspension?
The employee could take legal action, even if the contract appears to allow reduced or no pay. Acas recommends legal advice first.
Can a suspended employee take holiday?
Yes, if the employer agrees. The employer can also cancel holiday during suspension, giving the correct notice.
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