Supreme court considers rules on employee suspension

If you want to suspend, obtain legal advice

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.

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