Suspension Letter for Alleged Misconduct
The Suspension Letter for Alleged Misconduct should be used where allegations of misconduct need to be investigated and the employer decides that the employee should be suspended while that investigation takes place.
The letter makes clear that suspension is a precautionary measure. It is intended to allow a proper investigation and is not disciplinary action or an assumption of guilt.
When to use this suspension letter
This letter is appropriate where misconduct is alleged and the employer considers suspension necessary while the facts are established.
It should be read alongside the Suspension Policy, the Disciplinary Policy and Procedure and the Guidance Notes on Disciplinary Procedures.
What the letter covers during suspension
The letter confirms the suspension and explains the main terms that apply while it remains in place.
It covers:
- that suspension is precautionary only;
- that pay and benefits should remain unchanged; and
- what the employee should and should not do during the suspension period.
If the investigation results in formal disciplinary action, the employer may need to use the Misconduct Notice Of First Disciplinary Meeting.
Why suspension must be justified
Suspension should be used carefully and only where justified. An unjustified suspension period may amount to a breach of the implied term of trust and confidence.
That could lead to the employee resigning and bringing a claim for constructive unfair dismissal.
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