Have you been suspended from work, perhaps that was not the right or fair course of action?
Suspension letters always say that the suspension is a neutral act, which does not indicate the guilt or innocence of the suspended employee. However, it is easy to see why someone might feel aggrieved at being suspended and recently the courts have agreed, that far from being a neutral act, being suspended my cause an employee to lose trust and confidence in their employer.
Some suspensions have been described by the courts as knee jerk reactions that were unnecessary. So when should we suspend someone? The traditional thought was that there are 4 reasons to suspend:
1. If the employee is a danger to the business
2. If they were a danger to someone in the business
3. If they were a danger to a client, and
4. If they were a danger to themselves<
Following the case of The Mayor & Burgesses of the London Borough of Lambeth v Agoreyo, which has been through the County Court, the High Court and recently the Court of Appeal, the decision has pinged backwards and forwards as to whether or not Mrs Aroreyo’s suspension after she was accused of manhandling a child.
The original decision said that the suspension was reasonable, but the High Court felt that it was an unnecessary knee jerk reaction, and this has been the position for a while. However the case has finally been decided by the Court of Appeal who have agreed with the original decision.
However, what this case demonstrates is that suspension should not be the norm or a routine action, it should only be used in appropriate circumstances.
Suspension should always be for as short a time as possible, so if you have been off for an extended time you may be able to raise a grievance against your employer. Equally suspension should be on full pay, so that you do not lose out during this time. Full pay may also include an element of commission or bonus payments, following a recent EU decision
If you have been suspended from work give the experts at Alpha Law a call on 0115 856 1625 to see if your suspension was reasonable or unfair