Suspending employees – effective or just endemic?

Often, when faced with a potential case of employee misconduct, an employer will take the step of suspending the employee in question. However, employers’ readiness to suspend employees pending an investigation into potential misconduct can be detrimental and lead to potential claims for constructive dismissal.

In the recent case of Capita Hartshead v Byard, Lord Justice Elias argued many employers were too quick to suspend employees without giving due consideration to other measures available to them, short of suspension. He went on to say that whilst a letter to the employee confirming the suspension will often reiterate that suspension is a means of facilitating investigation into the allegations of misconduct, rather than an indication the employer believes the individual is guilty, the action inevitably has effects both on the individual and potentially the wider workforce. For the employee in question suspension can lead to feelings of belittlement and demoralisation.

Lord Justice Elias went on to emphasise that the inappropriate or “knee jerk” use of suspension could give rise to a breach of the implied duty of trust and confidence contained in all employment contracts. In turn this might afford the employee a successful constructive dismissal claim. Even if such a claim is unsuccessful it can be costly for an employer to defend it.

The message from this case is that whilst suspension may be a suitable response to a serious misconduct allegation, employers must always establish the facts before rushing to suspend.

Holmes & Hills Solicitors' has an Employment Law specialist in the form of David Dixey. David offers Employment Law advice to employers across Essex and Suffolk, advising and representing them in relation to a wide variety of Employment Law issues.