Suspending an employee during a workplace investigation is
sometimes necessary. But before an employer decides to suspend a
U.K. employee, it should consider several factors to reduce the
risk of potential claims of forced resignation arising from the
suspension. A recent U.K. Court of Appeal decision, London Borough of Lambeth v. Agoreyo,
provides some helpful guidance.
Why Suspend?
During an investigation, temporarily removing an employee from
the workplace can be useful for employers to:
- Protect business information, assets
and goodwill.
- Preserve evidence.
- Protect witnesses and manage
relationship breakdowns.
- Investigate a matter properly.
But employers should use caution when considering suspension,
primarily because of the risk of claims for forced resignation,
also known as constructive dismissal.
