If an employer wishes to suspend an employee during a disciplinary investigation, must it have a contractual power allowing it to do so?
While it is preferable for an employer to have an express contractual right to suspend an employee during a disciplinary investigation, it can still suspend without one, where the circumstances justify it. The employer should ensure that the employee suffers no detriment as a result of its decision to suspend him or her. Therefore, the employee should be fully paid and benefit from the same terms and conditions of employment throughout the suspension.
It is not appropriate for an employer to suspend an employee simply because it is making investigative enquiries, where the particular circumstances do not require it.