Acas recently published new advice on the suspension of employees. The aim of which is to ‘help employers understand when they can consider suspension and the support they can offer’. 

This goes further than previous guidance, in terms of stressing the importance of giving full consideration before suspending an employee and recognising the potential implications on mental health and wellbeing which suspension might cause. Acas advise that employers should consider each situation carefully before deciding whether to suspend someone and state that it is usually best to only use suspension in serious circumstances, where there are no alternatives.

Some organisations use a formal ‘risk assessment’ type tool to consider whether or not to suspend someone. This can be useful in more complex situations, especially where alternatives need to be thought through carefully. Whether or not you use such a template, it is advisable to document your decision-making in some way to ensure the thought process is clear should the decision ever come under scrutiny (for example, in an Employment Tribunal).

Serious circumstances

What might be serious to one organisation might differ in another, so how should you interpret what would be classed as being ‘serious circumstances’?  A good way of looking at it is that suspension should only be considered if there is a potential for damaging consequences by not doing so – for example, if there was a genuine concern about the individual damaging evidence or influencing witnesses, or if their remaining at work posed a genuine and serious risk to customers, property, business interests, other employees or the individual themselves.

Whether or not the situation is considered serious enough to suspend will very much depend on the facts, taking into account all the circumstances (and whether suspension is reasonable in those circumstances).

Alternatives

Acas give the following alternative options to suspension, which they say can include arranging staff to temporarily:

• change shifts
• work in a different part of the organisation
• work from home
• work from a different office or site
• stop doing part of their job – for example stop handling stock if you’re investigating stock going missing
• work with different customers or away from customers – for example if you’re investigating a serious complaint from a customer
• stop using a specific system or tool – for example removing access to the organisation’s finance system if you’re investigating a large amount of missing money

‘Employers should keep the reason for any temporary change confidential wherever possible and discuss with the employee what they will tell others at work about the temporary change’.

Mental health and wellbeing

It is worth considering that suspension is not always recognised as the ‘neutral act’ it has historically been positioned as being. Employers have a legal duty of care towards their employees in terms of their wellbeing and it is recognised that being suspended can be a very stressful experience and may negatively impact the employee’s mental health.

Any such impact can be difficult to ascertain once an individual is out of the workplace. For example, they may not tell their employer that their suspension had exacerbated existing mental ill health or triggered a new occurrence, so this is something to be mindful of as an employer and aim to mitigate as far as possible.

It is also worth considering discussing the situation with the employee with a view to obtaining their view and aiming to understand any wellbeing or other concerns before making any final decision on suspension.

If there really are no alternatives, then it cannot be stressed how important it is to keep any suspension as brief as possible. Long, drawn out cases can be very difficult on mental health (and for the employment relationship, should it continue).

It is important to make it explicitly clear to the suspended employee that the process is not designed to be punitive and that suspension does not mean it has been decided they have done anything wrong.

To support an individual who is suspended it is important to ensure that there is regular contact and the person is communicated with well during the period they are out of the workplace. The easiest way to do this is to assign a designated point of contact (ideally someone who is trained/experienced with supporting employee wellbeing and able to signpost where necessary). If, as an organisation, you have an employee assistance programme or similar, it is advisable to make sure the employee is aware of what this provides and the fact that they are entitled to use it, as well as having all the relevant details. It is also advisable to review the suspension regularly and update the individual accordingly.

Final thoughts

In summary, more consideration needs to be given with regards to suspending an employee than was previously the case. Suspension should only be used as a very last resort (and only in serious cases where no alternative is possible).

Employers must take the potential effect of suspension on the individual seriously, by considering how the employee could be best supported during suspension and keeping any suspension as short as possible.

Need help?

Mustard HR offer advice on all Employee Relations issues and can help with the decision-making/documentation of potential suspension situations, as well as supporting any subsequent action or processes the employer decides to take.