The ever increasing case law covering suspension of employees (specifically where employers go wrong when suspending employees) is evidence enough of the need for guidance on this important area of employment law. The most common issue that arises with suspension is where the employer doesn't stop to properly consider whether suspension is needed in which case the action can amount to a breach of the implied term of trust and confidence, as the High Court found it did in Agoreyo v London Borough of Lambeth which we reported on some time ago. This is though far from the only problem that can arise.
ACAS has recently published new guidance on suspension on its website which covers clearly and concisely when suspension should be considered and some of the issues which should, on the face of it, be straight forward but can cause employers and HR some sleepless nights, such as what contact should be maintained during a suspension and how should a suspension be brought to an end - would you, for example, consider a back to work interview following a suspension?
The guidance is not limited to suspensions relating to disciplinary matters - it also includes medical suspensions and suspension on maternity grounds.
Advice on when employees require to be paid and when they do not, as well as how to handle a scenario where a suspended employee becomes unwell during the suspension - something that is all too common during a disciplinary procedure - is also covered. It is an easy read and well worth looking at should the issue of suspension arise in your workplace.