Suspension from Work

Discussion in 'Jobs (Discussion)' started by 570mils, Nov 23, 2008.

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  1. Not sure of this is the right place but as good a start as any.

    A question for the budding Lawyers amongst you, barrack or otherwise.

    In civilian employment, would it be considered a fair under 'due process' to suspend an individual from work without providing a reason for doing so. ie Suspended without reason.

    The reason was confirmed some two days later but not at the time it occured.

    I expect all the usual questions on who was involved, was it me etc but hopefully someone can give some reasonable steer on this.

    MAny thanks for any sensible answers or even the usual arrsey answers...

  2. elovabloke

    elovabloke LE Moderator

    You need to check the company’s Disciplinary Procedures Policy. Unless someone in here works at the same company any advice you get may be incorrect.
  3. Having been on the issuing end of suspensions it's only fair to tell the individual why you are suspending them, especially if it goes to tribunal later.

    As for the letter of employment law I'm afraid I've never been in a situation where I couldn't tell them why they were suspended - I'm sure you must have a good reason-so didn't look it up
  4. Very true and already considered.

    Seen many over the years just the first time this has ever happened this way as a reason has always been stated at the time of suspension. ie you are suspended for........

    Many thanks though

  5. maguire

    maguire LE Book Reviewer

    you're not a copper in liverpool, are you?? ;)
  6. eh, eh. eh..............NO
  7. It depends if telling you would risk you interferring with any oher individuals involved, its all down to the letter of your company law.

    And of ourse most likely the first few days were most likely gardening leave and official suspension started when you were told.

    Sounds like your trying to find a loophole to get you outta some sticky brown stuff!
  8. Actually have just found out our company intranet is accessible on line - now that did surprise me.

    Letter of the policy is a little wishy washy.

    Brown and smelly is where I always am. Just the depth that varies.

    Having now read it, it does put a different light on things and could be an entertaining time......I shall let you all know sometime.

  9. They have to tell you why you're being suspended; and if it is initially with or without pay,until you are scheduled a hearing....hope this helps.
  10. Very dodgy ground, whatever the reason you need to ensure you are watertight as if not, it will hit back hard at any tribunal.

    Immediate suspension is normaly related to offences such as "gross misconduct" (theft, bullying,racial etc etc)

    You can suspend without warning, however, they must be on full pay plus any benefits the Company afforded them (basically work as normal but not if you know what I mean)
    They will obviously want to know why, you state you cannot discuss the position at the moment but the Company will be in touch (via solicitor) shortly)
    You must offer them a suitable time to collect personal possesions from any work place under escort

    Plenty of good info available on the net (dept for work and pensions etc GOOD ADVICE..check out unfair dismissal and all that sort of stuff, put the boot on the other foot and see how they are going to act)

    Tribunals work hard to find in favour of the employee, you will need a good legal team