Suspension from Duty Guidance for HR Staff

Suspension from duty – guidance

These notes are intended to in identifying the appropriate course of action in relation to the potential suspension of an employee and to advise managers accordingly.

While suspension from duty should be a ‘neutral’ act, there is no doubt that the act of suspending an employee can have a significant impact on them. In addition, there is an implied term in contracts of employment that an employer will act in a way that will maintain trust and confidence. If a decision to suspend an employee is taken without having properly considered whether this is appropriate or where the manner in which the suspension has been imposed has been unreasonable, this term may be breached. It is therefore important to exercise caution when considering whether suspension is appropriate or not.

Action to be taken after notification of a serious allegation

Where a manager becomes aware of a serious allegation against a member of staff, and there is already sufficient prima facie evidence available to support this, the manager may have grounds to believe that suspension is the appropriate course of action.

However, sometimes it is necessary for a preliminary investigation to take place before a decision can be taken as to whether to suspend the employee. In these circumstances, the manager should meet with the employee and broadly outline what the allegation is and ask for their response. The manager should agree to any request by the employee to be accompanied by their trade union representative or a colleague. The employee should be told to stay away from work until the preliminary investigations have been carried out. It should be made clear to the employee that they are not being suspended at this stage.

In cases involving child or adult protection issues - see the relevant section below.

Timescales

The period of time an employee is asked to remain at home in these circumstances should be minimal, i.e. no more than a few days.

Action to be taken after the preliminary investigation has taken place

If the preliminary investigation indicates there is no case to answer, the manager should meet with the employee to inform them of this and say they are to return to work. The manager must consider if the employee may require any support at this stage to enable them to do so.

If it appears that there may be a case to answer and suspension is likely to be appropriate, the manager must write to the employee to invite them to a meeting to consider whether they should be suspended. The employee has a right to be represented by a Trade Union Representative or a colleague at this meeting (see example letter). Meeting to consider suspension

At the meeting, the allegation and initial information gleaned from the preliminary investigation should be shared with the employee, who should be given the opportunity to respond if they wish. Their response should be recorded as this may later form part of the investigation documents.

The manager, in consultation with the HR Adviser, will then need to decide whether suspension is necessary. It may be appropriate to briefly adjourn the meeting while a decision is taken. In determining whether suspension is the most appropriate course of action, managers may wish to consider the following questions:

 Are there reasonable grounds for the suspension? (i.e. is there likely to be a prima facie case for the employee to answer that could amount to a fundamental breach of the contract, i.e. gross misconduct?)  What are the implications of suspension for the employee?  Is there a potential threat to the organisation or other employees?  Is suspension necessary for a proper investigation to take place?  How long is the suspension likely to last?  Would moving the employee (with their consent) to another part of the organisation remove the need to suspend them?

The employee should be informed verbally of the decision and this must then be confirmed in writing.

Child or Vulnerable Adult Protection cases

Where the Police and/or other agencies are involved, no decision should be taken to suspend an employee without that being part of the agreed inter-agency strategy. This would normally be determined at a strategy meeting held very soon after the allegation is received. An HR Adviser from HR Operations should attend the strategy meeting.

Action following suspension

Suspension should be in place for as short a period as possible and it is therefore important to review each case on a regular basis to assess whether it is still necessary.

Support and communication arrangements should be set up for the duration of the suspension and the employee should be informed about these accordingly. The employee should be asked to return their work ID badge, mobile or PDA, any keys to HCC premises and any other computer equipment as appropriate.

If the employee has an IT logon, the line manager should also suspend the employees IT account via the appropriate departmental IT Team.