When to Suspend?

London Borough of Lambeth v Agoreyo

The Court of Appeal has suggested that an employer’s decision to suspend an employee for alleged misconduct must be ‘reasonable and proper’ in order to investigate the misconduct. This will help avoid breaching the implied term of ‘trust and confidence’ which could risk the employee resigning and claiming constructive dismissal.

Best practice is to only suspend when there is a risk by the employee remaining in the business and it is a last resort.

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