If you are suspended from work due to alleged disciplinary matters, it is naturally a concerning time for you.
You will not usually be permitted to work or attend work premises, nor have contact with colleagues or customers which may make you feel isolated. You will probably not know, at least at the outset, the precise duration of the suspension.
Furthermore, your employer will still usually require you to be available to attend any investigation meeting or answer work queries during your suspension.
There is not any legislation about suspension but there is ACAS guidance [click here to read this] on this area for employers. In addition, employers have a duty not to act in a way that would breach the implied contractual duty of trust and confidence with employees, nor to discriminate on the grounds of Protected Characteristics (sex, race, disability etc.).
The main points arising from the ACAS guidance are:
If you consider that your employer has acted unreasonably in suspending you, you may have a claim for constructive unfair dismissal on the grounds of your employer’s fundamental breach of the implied contractual duty of trust and confidence. However, to be eligible to bring this claim, you normally need two years’ continuous service (although there are certain exceptions) and you would need to resign before you could make such a claim.
We would always suggest that you take legal advice before resigning in these circumstances as your potential claim may be weak and, in any event, resigning may not be the best tactical course of action for you.
An alternative to a resignation or facing a possible disciplinary hearing (particularly where gross misconduct is alleged) is to consider seeking an agreed termination of employment under a Settlement Agreement.
We are experienced in making these approaches to your employer, negotiating a financial package for you and advising upon the terms of a Settlement Agreement under which you settle your employment claims. Please click here to see more information on settlement agreements.
The above is not intended to provide advice.