Employee Suspension Policy and Letters

July 2010

Simply-Docs has launched a new Suspension Package which includes a Suspension Policy and Suspension Letters to employees to cover a number of common suspension scenarios.

The Suspension Policy sets out when a suspension may be given, the processes that the Company will follow in the event of suspension and the obligations of the suspended employee during the period of suspension. It also clarifies that suspension is a precautionary measure to allow an investigation to take place and sets out that suspension is not a presumption of guilt or disciplinary action.

In all cases where there is an allegation of misconduct which requires investigation, the Suspension Policy should be read in conjunction with the Disciplinary Policy and Disciplinary Procedure and Guidance Notes: Disciplinary Procedure.

Special consideration must be given to any potential suspension scenario. Any unjustified suspension period may amount to a breach of the implied term of trust and confidence which could lead to the employee’s resignation and a claim of constructive dismissal.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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