Can you be suspended from work without a reason

Also, any period of suspension should be for the minimum period possible, and should be kept under review. You should be paid your normal wages while suspended, pending the outcome of a disciplinary, and you continue to build up holiday while suspended. All too often, suspension is a knee-jerk response, carried out without justification and in a humiliating way.

Where this happens, the employer may well find that they have breached the implied contractual duty of trust and confidence. Depending on the circumstances - for example, if the employer reacts more harshly to workers of a particular race or religion than towards others suspected of the same kind of offence - their actions may also amount to discrimination. A poorly managed suspension can also lead to psychiatric harm.

Make sure you access whatever support is available. Speak to your rep but also visit your GP if you feel anxious or distressed. Your employer may also offer counselling services. Keep a journal record in case you later decide to bring a legal claim. Where the disciplinary procedure is contractual, an employer that fails to follow rules in the procedure governing suspensions — for example, rules about access to colleagues or designed to prevent deskilling — will be in breach of the employment contract.

Even so, there is always stigma attached and the courts have made it clear that suspension is not a 'neutral act'.

By keeping a safe working environment, Managing w Flexible working has become more popular in recent years. With more ways of doing work remotely and Home Topic Disciplinary Suspension Can you suspend staff without a warning? Can you suspend staff without a warning?

Can you be suspended from work without a warning? Managing employee relationships Being suspended can obviously be a distressing time for employees. How to suspend your employee If you decide suspension is the best course of action as part of a disciplinary procedure, you should provide an employee suspension notice that outlines the reasons for your decision. Related resources How long should a suspension from work last? Disciplinary Procedure Action All guides.

Any Questions? Complete the form and an expert will call you. Got a question? Get a free callback from one of our experts. Speak to an expert. Home Working, jobs and pensions Redundancies, dismissals and disciplinaries.

Disciplinary procedures and action against you at work. Suspension from work When a disciplinary issue is being looked into you might be suspended from work. Employment contracts You can be suspended without pay if your employment contract says your employer can do this, but they must be acting reasonably. Employment rights when suspended You keep your employment rights while suspended.

Print entire guide. Related content Dismissal: your rights Raise a grievance at work Make a claim to an employment tribunal Taking disciplinary action against an employee. Brexit Check what you need to do. Suspension should always be used as a neutral response by an employer and never as a disciplinary sanction.

An employer must not suspend purely because they assume an individual is guilty of wrongdoing. Suspension might be beneficial to an individual, to remove them from a stressful situation for example, but it must not be an automatic, knee jerk reaction by an employer to every potential disciplinary matter.

Acas has published guidance which states that suspension must only be considered by an employer if there is a serious allegation of misconduct and :. If the disciplinary allegation is of a less serious nature, or none of these issues are relevant then your employer should not be considering suspension. Obviously, your employer needs to let you know that they intend to suspend you. However, the suspension and its terms should always be confirmed in writing afterwards.

There is no set amount of notice that an employer must give an employee to warn them that they are being suspended, but they must always act in accordance with any relevant disciplinary policy. However, it is rare for standard policies to require employees be given a warning before suspension. Any written notice confirming suspension should include the following information:.

Acas recommends that employers carefully consider all other options before suspending an employee. These options could include, on a temporary basis:.

Acas therefore recommends that, where possible, the suspension and the reason behind it should be kept confidential. It is also recommended that the employer discusses with the suspended employee how they would like it to be explained to colleagues and customers.