We look at a recent High Court decision concerning the suspension of an employee, and offer practical advice on the approach employers should take towards suspension.
Additional information on the law on disciplinary rules and procedures for local authority employers, including Green Book provisions and the involvement of councillors. To be read in conjunction with the general information on the law on disciplinary rules and procedures.
In Crawford and another v Suffolk Mental Health Partnership NHS Trust  IRLR 402 CA, the Court of Appeal held that an employment tribunal had not erred in finding the dismissals of two long-serving nurses unfair. Lord Justice Elias went on to make obiter comments critical of the standard practice that has developed of suspending employees while allegations are investigated.
Good practice guidance discussing managing disciplinary issues, including disciplinary rules and procedures, setting up disciplinary interviews, the right to be accompanied, warnings, appeals, dismissal and dealing with misconduct that is suspected but not proven.
A model letter suspending an employee pending a disciplinary investigation.
A model contract clause on the right to suspend an employee.
A Court of Appeal judge has taken the unusual step of criticising employers that are too quick to suspend employees accused of wrongdoing, after an NHS trust suspended and reported to the police two long-serving nurses who were accused of using inappropriate methods to restrain a violent patient.
Good practice guidance discussing how a disciplinary investigation should be conducted, including suspension from work, witness statements and the features of an investigatory interview.
Line manager briefing looking at conducting investigations, including practical guidance on dealing with witnesses and documents, and suspending the employee who is being investigated.
HR and legal information and guidance relating to suspension during disciplinary investigations.