Acas has recently published new guidance to help employers when considering staff suspensions at work, specifically during formal disciplinary and grievance investigations. The new guidance provides a helpful steer on good practice for employers and covers several key issues, including deciding whether to suspend an employee, how you should suspend them, how to support their mental well-being in such circumstances, and dealing with pay and holiday during the suspension period. While the guidance is not binding, it is nevertheless recommended that employers follow it.
Main Points to Consider
The overriding message from the guidance is that employers should carefully consider whether it is absolutely necessary to suspend an employee. It should not be an automatic response to concerns or allegations being raised. Most disciplinary procedures will not require suspension and an employee will usually be able to continue their normal role whilst matters are investigated. In some cases, however, suspensions might be appropriate to preserve the integrity of the investigation or to protect an employee’s health and safety (such as in medical or pregnancy circumstances) and where there are no viable alternatives to suspension that would achieve the same result.
Alternatives to Suspensions
Suggested alternatives to suspension in the guidance include:
- changing shifts or site
- working from home
- working with different customers or away from customers
- no longer working with certain systems, tools or on specific tasks
The guidance provides that it is good practice to put everything in writing, so the terms of suspension are clear from the outset. It also gives details on what should be included in a suspension letter, for example, the reasons for the suspensions and how long it is expected to last. Suspensions should be kept as brief as possible and should be regularly reviewed to ensure it is necessary.
For more information on workplace suspensions, please contact a member of our employment team.
