I remember in times gone past when employers used to readily suspend employees for almost any allegation of misconduct. The phrase “we have to preserve our right to dismiss” was often used and it was viewed that Employment Tribunals would question failure to suspend prior to dismissal as tantamount to saying that “their conduct couldn’t have been that bad if you let them carry on working”.
Things are different now and employers need to give more consideration to suspension. Why? Well quite simply because Acas sets out a framework within which decisions can be made.
You can of course read the Acas guidance for yourself – and you should – but in the context of alleged misconduct consider:
- have working relationships broken down?
- could the accused employee tamper with evidence, influence witnesses and/or sway the investigation into the allegation?
- is there a risk to other employees, property or customers?
- is the employee the subject of criminal proceedings which may affect whether they can do their job?
There are other reasons to consider suspension; on medical grounds for example. Do check the guidance from Acas of course, but in relation to potential disciplinary action you hopefully have something to think about.