The consequences of suspending an employee

Be careful of knee-jerk reactions!
The consequences of suspending an employee
1st August, 2017

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:

  • The employee’s response to the allegations
  • Any alternatives to suspending the employee
  • Whether the suspension was necessary for a fair investigation

For more information please contact Richard Murrall at Pellys on 01279 713 830 or email richardmurrall@pellys.co.uk.

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