Managers guide to employee suspensions

Who is this guide for?

This guide is for managers dealing with an allegation of misconduct. It explains when suspension may be appropriate, when it may be possible to manage the situation without suspension, and what managers should do before taking action.

Need advice?

Managers should involve the HR or People team at an early stage, particularly where an allegation could potentially result in formal disciplinary action. HR can advise and support managers with assessing whether suspension or an alternative approach is appropriate.

1. What is suspension?

Suspension is a temporary instruction for an employee not to attend work or undertake their normal duties while an investigation is carried out.

Suspension is not a disciplinary sanction and does not mean the employee is guilty. It should only be used where there is a genuine reason why allowing the employee to remain at work could create a significant risk.

Suspension should be kept under review and brought to an end as soon as it is no longer necessary.

2. The first question: do we actually need to suspend?

Do not automatically suspend someone simply because an allegation is serious or could potentially amount to gross misconduct.

Instead, ask:

"What risk would keeping this employee at work create while we investigate?"

Consider whether the employee could:

• interfere with evidence;
• influence, intimidate or pressure witnesses;
• repeat the alleged behaviour;
• retaliate against the person who made the allegation;
• create a health and safety risk;
• access, alter or remove relevant records or information;
• continue dealing with customers, suppliers or colleagues involved in the allegation; or
• otherwise compromise the investigation.

If there is no significant ongoing risk, suspension may not be necessary.

3. When might suspension be appropriate?

Suspension may be appropriate where there is a genuine and identifiable risk that cannot reasonably be managed through other measures.

Example – physical violence

An employee is accused of physically assaulting another employee and both normally work closely together.

Suspension may be appropriate if the employees cannot reasonably be separated and there is a concern about further incidents, intimidation or disruption to the investigation.

Example – serious harassment allegation

An employee is accused of serious harassment towards a colleague and continues to work closely with the person who made the allegation.

Suspension may be appropriate if there is a genuine concern about further contact, intimidation, retaliation or interference with witnesses.

Example – suspected theft or fraud

An employee is suspected of stealing stock or manipulating financial records and continues to have unrestricted access to the relevant stock, systems or records.

Suspension may be appropriate if there is a risk that evidence could be altered, removed or concealed.

However, consider whether the risk can instead be controlled by removing access to the relevant systems, stock or information.

Example – serious health and safety breach

An employee is accused of deliberately bypassing a machine safety device or seriously breaching a safety procedure.

If allowing the employee to continue operating the machinery creates an immediate safety risk, suspension may be appropriate.

However, consider whether they could instead be temporarily removed from the particular machine or activity and given alternative duties.

4. When can suspension be avoided?

Suspension is not always necessary. Depending on the circumstances, the risk may be managed through temporary measures such as:

• Changing duties – temporarily removing the employee from the activity relevant to the allegation.
• Changing shifts – temporarily separating employees who need to be kept apart.
• Changing location – temporarily moving an employee to another department, area or site.
• Working from home – where the role allows this and it is an appropriate solution.
• Restricting contact – temporarily preventing contact with a particular employee, customer or supplier.
• Restricting access – temporarily removing access to systems, information, stock, machinery or other relevant resources.

Example: An employee is accused of misusing a company purchasing card. Rather than automatically suspending them, their purchasing-card and financial-system access could be temporarily removed while they continue with other duties.

5. Serious allegation does not mean automatic suspension

This is an important distinction for managers.

An allegation of theft, fraud, violence, bullying, harassment, serious insubordination, serious negligence or a serious health and safety breach may potentially constitute gross misconduct.

However, the question for suspension is not simply:

"Could this be gross misconduct?"

The question is:

"Is suspension reasonably necessary while we establish what actually happened?"

The employee must still be given a fair opportunity to respond to the allegations through an appropriate investigation and disciplinary process.

6. What are the risks of NOT suspending?

Managers should not assume that keeping an employee at work is automatically the safer option.

Where there is a genuine risk, allowing the employee to remain in their role could result in them:

• influencing or intimidating witnesses;
• discussing the allegation with colleagues and affecting their evidence;
• altering, deleting or concealing evidence;
• accessing relevant systems or records;
• repeating the alleged behaviour;
• retaliating against the complainant or witnesses;
• creating further health and safety risks; or
• undermining the investigation.

This is why the decision should be based on risk rather than simply the seriousness of the allegation.

7. But don't suspend "just to be safe"

Unnecessary suspension can also create problems.

It can damage the employee's reputation, cause colleagues to assume they are guilty, affect their wellbeing, damage trust and make a return to work more difficult.

Suspension should therefore never be used as a punishment or simply because it makes the situation easier for the manager.

8. What if we decide not to suspend?

Not suspending someone does not mean that nothing happens.

The manager should work with the HR or People team to agree an appropriate plan, which may include:

1. Clarifying exactly what allegation is being investigated.
2. Identifying any immediate risks.
3. Putting appropriate temporary controls in place.
4. Securing relevant evidence.
5. Identifying potential witnesses.
6. Agreeing who will investigate.
7. Agreeing appropriate timescales.
8. Maintaining confidentiality.
9. Reviewing the arrangements if new information comes to light.

If the circumstances change, suspension can still be considered later.

9. Don't simply "leave it with HR"

Managers should not simply pass a misconduct issue to the HR or People team and assume that everything will then be dealt with by HR.

The HR/People team can advise, support and help managers navigate the process, but managers still have an important role to play.

Managers often have important knowledge about the working environment, relationships, operational risks, witnesses and practical ways of managing the situation.

At the same time, managers should avoid starting their own informal investigation by interviewing multiple employees or discussing the allegation widely before speaking to HR.

This can contaminate evidence, lead to witnesses discussing their accounts, compromise confidentiality and make a subsequent formal investigation more difficult.

10. The manager's process

STOP → ASSESS → SPEAK TO HR → CONTROL THE RISK → INVESTIGATE

STOP
Don't immediately promise an outcome or tell anyone that an employee is "going to be dismissed".

ASSESS
Understand what has allegedly happened and identify any immediate risks.

SPEAK TO HR
Get HR/People advice before taking formal action wherever possible.

CONTROL THE RISK
Consider suspension, but also consider alternatives such as changing duties, shifts, location or access.

INVESTIGATE
Establish the facts fairly, promptly and confidentially.

11. Quick decision guide

12. The golden rule

Suspension is a risk-management measure, not a punishment.

A serious allegation does not automatically require suspension. Before making the decision, consider what could go wrong if the employee remains at work, whether that risk can be controlled in another way, and whether suspension is genuinely necessary.

If you are unsure, speak to the HR or People team before taking action.

HR can help you assess the situation, consider alternatives and agree the appropriate next steps.