ACAS has this week updated it’s guidance on suspending employees during disciplinary processes.
The guidance recommends that because of the risk of breaching the employment contract and the conflict and stress that being suspended could cause an employee suspension should only be used when it is a reasonable way of dealing with the situation and there are no appropriate alternatives.
Our advice to clients is often that suspension is only really appropriate in cases of alleged gross misconduct, not least of all because of the significant cost of paying someone to be at home on suspension. You would only wish to take such a drastic step in very serious cases.
ACAS has suggested some alternatives to suspension:
- Changing shifts
- Moving to another workplace or working from home
- Changing the individuals role and duties for a period of time, for example preventing them from working with customers if the issue arises from a customer complaint.
Employers should always explain the reason for the suspension as clearly as they can. Employers should emphasise that the suspension does not prejudge the outcome and that the employee is to receive their full pay and benefits during the period of suspension. The guidance confirms that the suspension should be kept as short as possible. The guidance goes further than most employers do but suggesting not only that the worker should be informed of their suspension in person but that they should be allowed to be accompanied at any suspension meeting. This goes significantly further than the statutory right to be accompanied and poses logistical issues around who should attend as the companion when the employee does not even know that the suspension is going to happen (in contrast to a companion attending the disciplinary hearing where the employee knows the allegations already and has chosen a companion they are comfortable hearing all of the evidence).
As with other ACAS guidance it is not legally binding on employers but Tribunals will take the guidance into account when deciding whether an employer has acted reasonably in a certain set of circumstances.
If you have any queries about a suspension or disciplinary process at work please contact our specialist Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.