New advice from Acas on staff suspensions

Following our Wednesday Webinar session. This is the fifth in a series of daily articles that aims to expand upon some of the points raised and inform you of our perspective of where things currently stand during this period of U-turns and governmental instability.

On 8 September 2022 ACAS issued new guidance on staff suspensions. The guide is relatively short and is a useful review of good practice. It covers:

1.      Things to think about when considering the suspension of an employee – the guidance emphasises that just because dismissal is a possible outcome it doesn’t mean that suspension is obligatory or even necessary
2.     The process that should be followed
3.      How to support staff during a period of suspension
4.      How suspension affects rights such as pay and holidays.

It reiterates, among other points, that suspension should be for as short a period as possible and kept under review, as well as kept confidential so far as possible.

Failure to follow ACAS guidance won’t necessarily mean that an employer’s actions are considered unfair by an employment tribunal (should a legal claim be made later down the line) but deviations from the guidance will likely require explanation.

Whether you are an employee who has been suspended or you are an employer considering the suspension of one of your staff, the BLHR and employment team can discuss the situation with you and explain the options and next steps you might be able to take - as well as indicate the legal costs involved. Many employers find they benefit from a subscription to the Birkett Long Human Resources (BLHR) service, which is paid for via a fixed annual fee and provides support on most employment issues that you are likely to face.

 Be sure to check out the next article for further updates. Or to view our Wednesday Webinar for yourself click here. 

To discuss any matters whether you are an employee or employer please contact Julie Temple directly here.