Investigating Allegations of Serious Misconduct – to Suspend or Not to Suspend

Posted in : The Essential Elements of the Employee Handbook on 12 January 2023
Leeanne Armstrong
Issues covered: Suspension from employment; Investigations

Suspension in the context of an investigation into serious misconduct is a well-trodden path for many HR professionals. Most employer disciplinary procedures will include suspension provisions that permit the employer to place an employee on suspension pending the investigation of allegations into allegations of gross misconduct.

However, employers should always pause before seeking to suspend because there are a number of legal obligations and risks which arise.

Why would a business suspend an employee?

Broadly, suspension should only be used if there is a reasonable and pressing need to quickly remove an individual from an organisation on a temporary basis. It should not be undertaken

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This article is correct at 12/01/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Leeanne Armstrong

The main content of this article was provided by Leeanne Armstrong. Contact telephone number is +44 (0)333 006 1545 or email

View all articles by Leeanne Armstrong