Suspensions have come under the spotlight recently and we’ve written a post on them before.
Is it ok to suspend or not ? Not as ok as it used to be, is the short answer.
For the long answer, you can read an article written by Fieldfisher Ireland.
A few points we summarise from the article:-
Different courts can make different decisions. Court of Appeal, Supreme Court. You can stay going up looking for a different decision, but obviously this can be a costly process, especially if it is not going your way.
Evidence can be interpreted differently. Depending who is looking at it.
The decision to suspend is almost like for a dismissal. Fair procedures have to be applied to the employee before the decision can be made. The employee has a right to be informed of what is happening and has the right to representation.
This one’s a direct quote:- ‘Decisions to suspend should be taken only in the most serious of situations and should never be a knee-jerk reaction or a matter of course ‘.
What constitutes the most serious of situations. A high standard has to be met. That the situation really is genuinely ‘serious’.
Read full article.
For assistance or advice on your particular circumstances, contact us.