Occasionally suspension may need to be used to ensure that people in the workplace are kept safe or an investigation can be carried out fairly and objectively. However, it is important to be aware that suspension has a high threshold to justify and is only recommended as a last resort.
In accordance with the following advice from MBIE:
An employer can only suspend an employee in limited circumstances, which include:
- where an employee’s behaviour is under disciplinary investigation and having them at work may compromise the investigation or cause further issues, for example, if the employee is suspected of fraud, they may need to be removed to protect the workplace during the investigation.
- where the employee poses a risk to health and safety, for example, if the employee works in a safety-sensitive area and is under the influence of drugs/alcohol or is not in a fit emotional state to do their job safely.
It is good practice to have a clause in the employment agreement. In some situations, it is possible to suspend without a clause, although it can be more difficult.
A suspension is a drastic measure that should not be lightly undertaken. It should not be used as a disciplinary tool - the length of the suspension should reflect the time needed to conduct the investigation or the time needed to reduce the health and safety risk, so the employer should not let it drag on.
When suspending an employee, it should always be proposed and presented to the employee for their feedback. It also should always be paid time off, while the matter is investigated thoroughly.
We always recommend getting in touch with the team at MyHR before suspending any employee. This will reduce your risk of anyone being able to claim the suspension was done incorrectly or was unjustified.