Avoiding Impulsive Suspensions

First published in People Management on 8 May 2012

Employers need procedures to prevent potentially damaging "knee-jerk reactions" to allegations of wrong-doing

Should employers suspend employees accused of misconduct while allegations against them are investigated? Most employers would probably say 'yes', while taking care to notify the employees concerned that suspension is not an assumption of guilt or a disciplinary sanction.

A recent Court of Appeal case makes it clear that this kind of approach to suspension is wholly inadequate. In Crawford v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138, two nurses in charge of a dementia ward were accused of assaulting an 87-year old patient, whose illness made him extremely aggressive, in their efforts to restrain him safely. The nurses were suspended and later dismissed.

Judicial advice

The Court of Appeal upheld the nurses' claims for unfair dismissal. But Lord Justice Elias took the...