ACAS new guidance on suspension

06 January 2023

In the latter part of 2022, ACAS published new guidance on managing disciplinary suspension. The pertinent point to note appears to be that employers are to consider carefully whether it is absolutely necessary to suspend an employee pending investigation/disciplinary proceedings.

The guidance offers detail on the process as well as the support that should be offered, including metal health support, pay and guidance on annual leave whilst suspended. The guidance further highlights the risk to employers when they suspend in circumstances where it is not necessary.

Suspension should only be considered if there is a justified reason as to why it is needed. Examples given by the guidance suggest that employers should consider whether it is needed to protect the investigation e.g. are there concerns about someone damaging the evidence or influencing witnesses? Is there a genuine risk to the business or other employees such as to their property, business interests or health and safety? Or is it necessary to protect the person under investigation themselves? If any of these factors can be satisfied then it may be reasonable to suspend the individual.

In all circumstances, an employer must be reasonably satisfied that they have explored all alternatives to suspension. Alternatives could be a change in the working pattern, working from home, stop doing a certain type of work.

If alternatives are used, or in the case suspension is necessary, these changes must be kept to the absolute minimum. If suspension is necessary, the Acas guidance now expresses that it is important to support the individual during the time of suspension.

Further, the guidance states that if an employee does not agree with the suspension, they should raise the issue informally in the first instance and if it is not resolved, a grievance should be brought.

You can find more information here.

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