Being suspended from work pending investigation is an incredibly stressful situation to navigate. However, it’s important to remain calm during the process and take time to understand your employment rights.
Bear in mind that being suspended does not mean you are presumed to have done anything wrong. Our guide looks at your rights under UK employment law, and also gives an overview of how an investigation should be properly and fairly conducted.
We are here to help you remain calm during the process, and understand how to navigate this stressful situation.
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Employment Rights During Suspension
When an employee is suspended, they are temporarily barred from fulfilling their professional duties and asked to remain absent from their place of work.
Suspension is usually put in place after allegations of workplace misconduct so that an investigation can be conducted. Employers should carefully consider the decision to suspend an employee, resorting to this action only when absolutely necessary.
During a suspension period, employees retain full employment rights including the right to full pay and accrual of holidays. The employer should ensure regular communication with the suspended employee, and ensure they uphold their duty of care in regards to employee wellbeing during the investigation.
Suspension as Part of a Disciplinary Investigation
Suspension can be used as a part of formal disciplinary investigations. However, it’s important to understand that it is not intended as a form of punishment. If you have been suspended pending a disciplinary investigation, it’s not a presumption of guilt.
While the employee is suspended, employers must conduct a comprehensive and meticulous investigation, whilst respecting the rights of the suspended employee. Generally, there should be credible evidence suggesting some form of misconduct before resorting to suspension. This approach helps maintain trust, particularly in scenarios where the employee is ultimately found to be innocent.
In instances where there is scant or unreliable evidence of misconduct, employers should consider alternatives to suspension. Possible alternatives could include temporarily assigning the employee to a different department, or allowing them to work from home whilst the investigation is conducted.
Further Reading: ACAS – The Process for Suspending Someone.
Pay During Suspension
During a period of suspension employees have the right to be paid their full salary, unless their employment contract explicitly states otherwise. This means that the employee should receive their regular wages, just as they would if they were actively working.
If an employee finds that their wages have been reduced or stopped during their suspension, contrary to the terms of their contract, this could potentially constitute an unlawful deduction of wages. In such a case, the employee may be able to make a claim to an employment tribunal.
It’s essential to remember that every situation is unique. If you believe your pay has been incorrectly handled during your suspension, you should seek professional advice.
Understanding your employment contract and the current laws surrounding pay during suspension is vital in ensuring your rights are upheld.
How Long Can You Be Suspended from Work Pending Investigation?
Suspensions during a workplace investigation in the UK should be brief and proportionate to the circ*mstances. There is no fixed maximum length set by law, but it should last only as long as necessary for a fair investigation.
In line with the ACAS Code of Practice, suspensions should be used sparingly, regularly reviewed, and employees should be kept informed about the investigation’s progress. Transparency is important for a fair process.
Employees should be given an opportunity to present their case, usually at the disciplinary hearing. As each case is unique, seeking advice from a legal professional or workplace union representative is advisable.
Can my Boss Tell Other Employees About My Suspension?
While employers may need to discuss an employee’s suspension with their colleagues, this information should be shared strictly on a ‘need to know’ basis. For instance, it could be necessary to include colleagues who work closely with the suspended individual as part of the investigative process.
In communicating a suspension, employers should exercise tact and discretion. Importantly, suspension is a neutral act within a disciplinary process, not an automatic implication of guilt. Those made aware of the situation should be requested to maintain confidentiality and to avoid engaging in workplace gossip.
Employers must uphold impartiality and should not express personal opinions about the employee’s guilt or innocence, as this could contribute to a hostile work environment. There may also be situations where it’s crucial to maintain confidentiality about the reason for the suspension, especially in cases involving potential police involvement.
Can I Be Asked Not to Communicate with Colleagues or Clients?
As part of the suspension process, employers may request that you refrain from contacting colleagues or clients. This is a standard procedure, and can be grounded in valid concerns.
Employers might worry about potential influence on colleagues, especially if there are close friendships within the workplace. These could present conflicts of interest during disciplinary proceedings. It’s generally advised to comply with requests to avoid contact with colleagues or clients during this period. Disregarding such instructions could complicate your situation and potentially lead to further disciplinary actions.
That said, you may need to communicate with colleagues when preparing your defence for a disciplinary hearing. In such cases, your employer should allow reasonable leeway to gather necessary evidence. It’s important to note that preventing an employee from speaking to others in preparation for a hearing can infringe on their employment rights.
Does Being Suspended Mean Getting Fired?
Keep in mind that suspension typically arises when there is reasonable cause to suspect misconduct. The nature of the allegation, be it misconduct or gross misconduct, often shapes the course of the suspension.
However, suspension does not automatically result in dismissal. The outcome largely hinges on the severity of the accusation and the findings of the investigation.
A suspension may lead to dismissal if the investigation uncovers serious misconduct, often classified as gross misconduct. But it’s important to remember that every case is unique and assessed on its own merits.
What Will Happen After Suspension – The Investigation & Disciplinary Process
What happens after an employee’s suspension very much depends on two things; the reason for suspension and how the investigation went.
However, all suspensions should have one thing in common: fairness. Every employee has the right to a fair investigative process.
1. Notification of Suspension
A suspension should be communicated promptly and sensitively. Employees must be notified of their suspension along with an explanation of the reasons.
2. Additional Employees Told If Necessary
Some staff members may need to be informed of the suspension. This should be restricted to a ‘need to know’ basis to prevent inappropriate discussions and gossip within or outside the workplace.
Regular Review of Suspension Status
Once the suspension is in effect, the investigation must be carried out swiftly and brought to a conclusion as quickly as possible.
Any new evidence or information should be added to the investigation promptly, with the situation constantly under review. Regular updates should be provided to the suspended employee.
Protect Employee Rights
Employers need to ensure they are abiding by the correct rules regarding suspension. In most cases, unless otherwise stipulated, this will involve full pay.
Regular communication with the involved parties, including disclosure of evidence, is also crucial.
Notification of Disciplinary Hearing
The suspended employee must be given reasonable notice of the disciplinary hearing date. This provides ample time to compile any necessary evidence and ensures they are aware of all the evidence against them in advance.
Carry Out The Disciplinary Hearing
The hearing should be conducted in a fair and transparent manner, allowing all parties to express their views.
It’s essential that there are no surprises – the accused should already be aware of any information presented. The hearing should be free from intimidation or harassment. Employees also have the right to be accompanied during the hearing.
Post Hearing Decision
A decision should be reached promptly following the hearing. However, it should not be announced immediately at the conclusion of the hearing to avoid the appearance of hastiness. Typically, the meeting should end first, with the decision communicated to the employee afterwards without unnecessary delay.
The decision will either be; proven innocent, not enough evidence to take it any further, a verbal or written warning or termination of the contract.
Employee’s Right To Appeal
It is important for employees to understand their right to appeal any decision made during the hearing. Should they believe the process was unfair or the decision incorrect, they are entitled to appeal.
If the appeal is unsuccessful, early conciliation followed by a tribunal may be the next step.
If You Feel You’ve Been Treated Unfairly
Employers bear a duty of care towards their employees. If you believe you have been treated unjustly during the investigation process, it’s crucial to voice your concerns. Employers must adhere to established codes of practice; any breaches to these should not be ignored.
If it appears that the proper process has not been followed, you may wish to take further action. In the absence of a company specific disciplinary procedure, refer to the ACAS code of practice to determine if your employer has not followed a fair process.
You have the right to appeal against any decisions, and if this is unsuccessful, ACAS may recommend early conciliation as a step towards resolution. If conciliation does not resolve the issue, a tribunal may be the next course of action.
The above also applies if you feel you have been wrongly found guilty of misconduct. If subsequent evidence reveals that you were the victim of false allegations, you can file a grievance.
