Suspending an employee without considering the circumstances could result in an employee arguing this decision was a fundamental breach of contract, resigning and pursuing a claim for constructive dismissal.
The employment relationship and the disciplinary process would end if the employee resigned. However, if the employee can show their suspension was automatic or knee-jerk they may seek to bring a claim. Sometimes there may be legitimate grounds for a claim, but other litigants may just be ‘taking their chances’. Either way, defending a claim takes management time and resources.
Before making a fair decision to suspend, a Tribunal would expect the employer to consider the following:
For more information please contact Richard Murrall at Pellys on 01279 713 830 or email richardmurrall@pellys.co.uk.
Workers in McDonalds in Cambridge and Crayford have made headlines by staging the first ever strike by McDonald’s workers on UK soil. The arguments seen here are common with the workers wanting wage and working hours security and union recognition.
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