Not a nice thing to have to do but when you do, there are essentially two main reasons for suspending an employee from duty. Firstly on a conduct basis and secondly for medical reasons.
It is important to note that a suspension from duty does not mean there is an assumption of guilt which can be the perception of employees suspended (although in my experience, the majority of ones who challenge it have later been found to be “guilty”). Just an unfortunate state of fact.
Why suspend?
Not a nice thing to have to do but when you do, there are essentially two main reasons for suspending an employee from duty. Firstly on a conduct basis and secondly for medical reasons.
It is important to note that a suspension from duty does not mean there is an assumption of guilt which can be the perception of employees suspended (although in my experience, the majority of ones who challenge it have later been found to be “guilty”). Just an unfortunate state of fact.
Why suspend?
Let’s take the conduct reason first. It’s a fact of life that allegations are made against employees – some with good reason, some not. Some are for serious reasons and again, some not. Suspension is really a last resort and not something that should be jumped in to. In a situation where allegations are made, the knee-jerk reaction should not be “oi, you’re nicked”, which would be extremely inappropriate. The nature and context of the allegation should be taken into account and your own disciplinary procedure before suspending an employee. As a rule of thumb, in a conduct suspension there are three main reasons for suspension:
- Where the situation is so serious that gross misconduct and dismissal may be a later outcome.
- Where keeping the employee in post may hinder the investigation (intimidation of witnesses etc)
- Where the employee or any other person might be placed at risk in the workplace
The suspension status can be reviewed as the disciplinary process continues.
Unions may argue that at the meeting where an employee is suspended, they have the right to be represented.
Where possible, yes I agree. However, sometimes a rep may not be available for 48 hours or more so some common sense needs to apply. Say for example you have an allegation of a safeguarding nature which may need the employee to be off site very quickly – you will need to act straight away. However, in a safeguarding situation make sure your first port of call is the Local Area Designated Officer (LADO) followed by HR before you make any decisions.
A suspension meeting should be carried out where the employee is informed of the allegations in broad terms and the process to be followed is explained to them. It may be appropriate to obtain keys, laptops etc which belong to the school from the employee.
Medical grounds
In a medical suspension, there may be a need to be a little more sensitive as the reasons could be related to serious illness. If you feel that an employee is not fit to be at work or is at risk of injury or other aggravation of their condition, then it is reasonable to suspend on medical grounds while you take advice from an occupational health specialist which may include a referral of the employee to the OH provider.
Suspensions are normally on full pay but you should check your relevant policies.
After meeting with the employee and advising them of the suspension, a confirmation letter should be written and sent to the employee. Your policies may have templates. If not, discuss this with your HR provider.
Always check your policies before acting.