12 Jan You’re Suspended……..Or Not?
If an employee commits an act which you consider unacceptable, would your first reaction be to suspend them while you find out the fact?
If so, you could well be on the wrong side of justice and in breach of contract.
The reminder comes following a recent decision on appeal in a County Court claim when it was ruled by the Judge, (Mr. Justice Foskett) that the act of suspension was not a “neutral” action.
Without going into details of this specific case, the decision raises some issues on a general basis.
For example, does the employee’s contract of employment allow for suspension, if not you could well be in breach of contract.
The judge also criticised the letter this employee was sent in that there was no reference to whether any alternative to suspension was considered.
Even if you consider an action by an employee to be “gross misconduct” our advice is that you should seek relevant professional advice before taking any action at all.
The Graham Agency, keeping you informed.