Suspending an employee without considering the circumstances could result in an employee arguing this decision was a fundamental breach of contract, resigning and pursuing a claim for constructive dismissal.

The employment relationship and the disciplinary process would end if the employee resigned. However, if the employee can show their suspension was automatic or knee-jerk they may seek to bring a claim.

Sometimes there may be legitimate grounds for a claim, but other litigants may just be ‘taking their chances’. Either way, defending a claim takes management time and resources.

Before making a fair decision to suspend, a Tribunal would expect the employer to consider the following:

1. The employee’s response to the allegations

2. Any alternatives to suspending the employee

3. Whether the suspension was necessary for a fair investigation