What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

5 Things All Employers Ought To Know About Suspending Employees

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.