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Interesting that this new Guidance from ACAS, ‘Suspension During an Investigation at Work’, should come out now as it was only recently that this issue arose for two separate employer clients.

As is often the case when dealing with workplace issues, if the decision is made to suspend an employee, communication is key. Not just in terms of being clear with the employee as to the reasons why the suspension has been considered necessary and appropriate in the circumstances but also what others will be told about the employee’s absence from the workplace, bearing in mind that the fact that the employee is suspended should also be kept confidential.

Obviously, in the first instance there should be good grounds for suspending the employee. Indeed, it may be that there are alternatives to the suspension such as moving the employee to another part of the business, asking them to work from home, altering their duties. Any such change should of course be temporary and we would suggest that this is the most important time to take some advice before deciding what to do and what to say to the employee concerned and others around them.

We have also advised employees in the past who once suspended have been left for weeks wondering what is happening to the apparent investigation they have been told would be carried out. As you can imagine, this almost certainly raises anxiety levels and, interestingly, in the new ACAS Guidance there is a section given over to supporting the employee’s mental health whilst they remain suspended.

So often too, it is a lack of communication and openness that leads to increased frustration and anger on the part of an employee and, in turn, the final breakdown of the working relationship, which in fact neither party wanted.

Whilst hopefully as an employer you don’t find yourself having to carry out many suspensions, this ACAS guidance is certainly worth a read and then, as ever, also refer to your own internal policies and procedures too.

Please get in touch if you have any questions regarding the issues discussed in this article.

E: help@jma-hrlegal.co.uk / T: +44 (0)1252 821792

 

HR, Employment Law and Immigration Solicitors

+44 (0)1252 821792