Suspension can be a useful tool when handling serious misconduct allegations, allowing an employer to preserve evidence and prevent witness intimidation. However, it must be used fairly and reasonably to avoid legal risks. Here are five key points all employers should know:

Suspension must be reviewed regularly
The Acas Code states that employers must keep suspension under review and avoid unnecessary delays. A prolonged or unjustified suspension could result in constructive dismissal or breach of contract claims.  d in an unfair dismissal claim as a result. 

You cannot usually move a suspended employee onto sick pay
If an employee goes off sick during suspension, the employer cannot switch them to sick pay unless the contract explicitly allows it (Wright v. Seed). HR should review employment contracts to ensure suspension clauses are clear.

Unpaid suspension is likely unlawful
Suspension should usually be on full pay, as it is a neutral act. Suspending without pay prejudges the disciplinary process and could be a fundamental breach of contract, leading to constructive dismissal claims. Even if a contract allows unpaid suspension, it must be exercised reasonably.

Suspension should not be automatic
In Gogay v. Hertfordshire CC, an unjustified suspension breached trust and confidence, leading to constructive dismissal. Employers must ensure suspension is proportionate and necessary, not a default response.

There must be a justifiable reason
Suspension should only be used to protect an investigation, prevent misconduct, or safeguard others. Employers should first consider alternatives like temporary redeployment.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

6 minute read
Are you a Residential Long Leaseholder thinking about Extending your Lease? - Wollens Solicitors Devon

Are you a Residential Long Leaseholder thinking about Extending your Lease?

Read Article
6 minute read
When to use a freezing injunction in a business dispute - Wollens Solicitors Devon

When to use a freezing injunction in a business dispute

Read Article
7 minute read
Dealing with the results of a disappointing survey - Wollens Solicitors Devon

Dealing with the results of a disappointing survey

Read Article
4 minute read
Buying a plot, parcel or paddock - Wollens Solicitors Devon

Buying a plot, parcel or paddock

Read Article
5 minute read
How can your contracts help you further your ESG objectives? - Wollens Solicitors Devon

How can your contracts help you further your ESG objectives?

Read Article
3 minute read
The True Cost of Moving Home: Looking Beyond the Purchase Price - Wollens Solicitors Devon

The True Cost of Moving Home: Looking Beyond the Purchase Price

Read Article
7 minute read
Resolving a commercial property boundary dispute - Wollens Solicitors Devon

Resolving a commercial property boundary dispute

Read Article
7 minute read
How frequently should you update your will? - Wollens Solicitors Devon

How frequently should you update your will?

Read Article