This article is intended to answer important questions about suspension and outlines the considerations and process to follow when it comes to a disciplinary suspension. Knee-jerk reactions to an accusation against an employee should be avoided. And keep in mind that a suspended employee is likely to receive their full salary (unless there is a contractual right not to do so), so the company incurs costs. The suspension should also be kept under constant review. All personal data collected during the suspension process must be treated in accordance with your privacy policy and your employees` privacy policy – a statement that describes how you collect, use, store and disclose personal data. If the suspension is due to a characteristic protected under the Equality Act 2010, a discrimination complaint may be lodged. For example, two employees are under investigation for the same matter and only the employee with a protected characteristic is suspended. During a period of suspension, employees should receive their full pay and benefits. An employee who has been suspended due to a serious allegation of misconduct must receive full pay, unless they are unwilling or unable to go to work (for example, because they are sick) or there is a clear contractual right for an employer to suspend without pay or benefits. This is stipulated in the employment contract.
Employers should rarely consider suspension without pay, as it is more likely to be considered a criminal proceeding that can lead to allegations of unfair disciplinary proceedings. You must keep your employee regularly informed of their suspension and inform them of the duration of the suspension. The unnecessary suspension of an employee could lead to the employee seeking constructive dismissal. An allegation of serious or serious misconduct may warrant a suspension. In some situations, an employer may need to consider suspending the employee pending an investigation to avoid obstructing an investigation. If the employee subsequently becomes ill during the period of suspension, the sick pay rules will come into effect in accordance with the employer`s employment contract and/or sick leave rules. Under federal and state law, it is illegal for a New York employer to discriminate against employees on the basis of certain protected characteristics, such as race, religion, sex, gender, marital status, age, and disability. If an employer decides to suspend a group of workers because they missed a shift while observing a religious holiday, the suspension is likely to be illegal.
If an employer suspends a pregnant employee because she is pregnant, the suspension would also be illegal. At the end of the established suspension period, the employer (usually the human resources department or the employee`s supervisor) should meet with the employee at the designated time and place to discuss next steps. It can be difficult to prove an illegal request for suspension. Many New York workers fall into the category of arbitrary employment, meaning that an employer can suspend or even fire an employee for any reason without warning. However, arbitrary employment does not provide a free pass to discrimination. 3. Also provide them with a contact person during the suspension, ideally someone who is not involved in the investigation, but who can keep the employee regularly informed. Any suspension should be brief and subject to constant review so that an immediate investigation can be initiated. However, this ultimately depends on the nature of the allegation and the circumstances. Key findings: A suspension should not be a “knee-jerk” reaction to a disciplinary charge.
Any period of suspension should normally be made at the normal salary. The investigation should be conducted immediately to avoid unnecessary delays in the process. Any suspension should not last longer than necessary. Employers should keep in mind that the suspension is not a “neutral act” and should be treated with caution: there is also the risk that the employee will resign due to a breach of the implied trust clause and bring an action for unfair dismissement disguised on the grounds that the suspension was inappropriate and unjustified (and excessively long). A suspension can be stressful for employees who realize that their future within the company is in jeopardy. Adequate attention from employers can minimize the negative impact on affected workers and their employees. If an employee has decided to terminate their employment during the suspension period, they will not be able to call or respond as requested when the company responds. In such cases, if the result of the suspension would have been a return to their jobs, employers may presume that these workers voluntarily left their employment. Employers must document the failure of these employees to follow instructions and proceed as with any other employee who leaves the company. Of course, your employer must let you know that they intend to suspend you. This can be done orally, for example at a meeting, and can be done “out of the blue”.
However, the suspension and its conditions must always be confirmed in writing afterwards. If the disciplinary allegation is less serious or if none of these matters are relevant, your employer should not consider a suspension. First of all, what does suspended mean? If you suspect your employee of unacceptable behaviour, you may consider it appropriate to suspend them from work while you conduct an investigation. This means that your employee is still working for you, but they are asked not to go to their workplace or not to work for you. 2. Assure them that they will have an opportunity to give their side of the story and that you will commit to keeping the suspension as short as possible and checking if it is necessary at all stages. A suspension of work is a disciplinary measure taken by employers against employees. When an employee is suspended, they are temporarily removed from their duties and usually receive no salary. Employers use suspension as a disciplinary tool in many situations, such as punishing employees who have problems with attendance, performance and violations of company policies.
In some circumstances, mismanagement of an employee`s suspension by an employer could constitute a breach of the implied trust clause. This means that the employee must resign and request constructive dismissal. However, it is rare for standard policies to require employees to be notified prior to suspension. Any written notice confirming the suspension must include the following information: Before hiring employees, you should create an employee handbook that includes written rules and procedures regarding employee performance and conduct. Explain what you mean by acceptable and unacceptable behaviour in the workplace. It is important to clearly articulate expectations from the beginning. Now that you know how successfully you handle an employee suspension, schedule an Eddy People demo today to see how we can make HR management even easier! If you suspend someone for health and safety reasons, or for medical reasons, because the work they do poses a risk to their health, the period of suspension can last up to 26 weeks (provided your employee has been employed for at least one month). Employees often find it difficult to return to work after a suspension, so you need to approach things sensitively. In session: Investigation and discipline decisions must be made quickly and consistently. Fairness is essential to maintaining a strong work culture.
Consistency ensures protection against all forms of discrimination. If the investigation takes longer than expected, the suspension may be extended. Employees may be suspended for a variety of reasons. Companies should establish policies and inform employees of the ongoing disciplinary process and the possible need for suspensions where warranted. Alternatively, an employer may avoid paying an employee full pay during a suspension if the employee is ill and there is no contractual right to full pay during that period. However, they would still be entitled to their usual sickness benefit. If the decision to suspend an employee has been made, the company must inform the employee of the reasons for and the duration of the suspension. Employees should be informed of the status of payments during the suspension and any policies to follow. These policies may include staying away from company premises and removing access to company systems so they cannot perform work.