Your guide to understanding suspension from work

Finding content to fill this space is always interesting, but it was never imagined it would ever include a Spice Girl, leaked WhatsApp messages, motor racing and a focus on suspension from work.

For what seems like a while now, much has been said and written about Christian Horner, team principal of the Red Bull Formula One (F1) racing team.

Married Horner was cleared of any wrongdoing following a high profile investigation into WhatsApp messages he is said to have sent to a female colleague.

Hundreds of the messages were later leaked. It happened ahead of F1 season-opening Bahrain Grand Prix.

Geri Horner, the Spice Girl known as Ginger Spice, in a show of public support for her under fire husband, was pictured hand in hand with him before the start of the race [1] cited 13.3.24

Reports later emerged  that the female employee who made the allegations against Horner, was suspended from work as a direct result of Red Bull’s inquiry [2] cited 13.3.24.

Subsequent reports appeared suggesting Red Bull motorsport adviser Helmut Marko could also be suspended as a result of an internal investigation [3] cited 13.3.24

The prominence of Red Bull and popularity of F1 does mean the case and fallout from it is being played out in a glare of publicity.

But facing any type of allegation, and being suspended from work while under investigation, can happen to you or any employee, at any time, regardless of your position or profile.

Suspension form work during a disciplinary investigation is when an employer tells you to temporarily stop carrying out work.

It is a difficult situation for anyone to find themselves in. It can often come out of the blue and cause a sense of shock and disbelief, especially if you maintain that you have not done something wrong.

But it can happen even when you are innocent. This is because suspension during the disciplinary process is a step that is taken to allow an employer to investigate any allegation of wrongdoing.

Following an investigation if it is established that you are innocent and that you have not done anything wrong, you will be cleared and the suspension will be lifted.

Perhaps one of the worst things about being suspended from work is the fact you are under suspicion, but at the time you will not be given the full details and evidence to support what exactly it is you are thought to have done wrong.

You will inevitably be desperate to know the specifics of any allegation that has been made against you. But your employer is not required to provide you with all of the evidence it has at the time of your suspension, which can be incredibly frustrating.

Employers of varying sizes will have found themselves in a position in which they have had to contemplate suspending an employee, and faced with having to decide when, or even if, it is appropriate to do so.

ACAS has updated its guidance for employers on how to consider and handle staff suspensions at work [4] cited 13.3.24

The advice is that an employer should consider each situation carefully before deciding whether to suspend someone and it is usually best to only use suspension in serious circumstances where there are no alternatives.

Reasonable options to avoid suspension can include arranging for you to temporarily work from a different location e.g. alternative office or home, change shifts or stop doing part of your job.

Suspension from work is said to be a neutral act, but it is a significant action that is taken by employers and often shrouded in confusion and causes understandable concern.

If you are instructed to stay away from work, you are likely to find it stressful and

worrying.

Going from working to being forced to stay at home while under suspicion of any type of misconduct can be devastating.

It can be harmful to your reputation, cause you to feel demoralised and leave you genuinely feeling as if both your guilt and fate has already been decided.

There are different types of suspension from work, which include:

• Medical suspension, if an employee’s health is at risk due to their work, or if they are exposed to dangerous substances like chemicals, lead, or radiation, they may be medically suspended.

• Pregnant employees may be suspended if there are health and safety risks that cannot be mitigated by altering their duties or conditions.

• Punitive suspension is a disciplinary action where an employee is suspended without pay as a direct punishment for misconduct. This type of suspension is fairly rare and must be justified and in accordance with the employment contract.

Each type of suspension has specific conditions and it is important for both employers and employees to understand their rights and obligations during such periods.

But here we take a closer look at suspension from work as part of the disciplinary procedure, what it means and what it involves.

What does suspension from work mean?

Suspension from work during the disciplinary process is not usually meant to be a punishment, although it can, admittedly, feel like one.

You will usually be suspended from work as part of the disciplinary procedure when an allegation of some type of misconduct or serious misconduct is levelled against you.

You will probably in the first instance be verbally informed that you are being suspended, which can come as a shock. Typically, at this stage, you are likely to be left with more questions than answers.

Details and an explanation for the action being taken against you should then be confirmed in writing, and what it provided is likely to brief.

The terms of suspension will ordinarily include an instruction not to contact colleagues or clients. Any breach of those terms could lead to disciplinary action.

You will normally be suspended on full pay. However, you can be suspended without pay but only if your contract of employment allows your employer to do so, and it is acting reasonably.

When you are suspended from work, it is generally expected that you remain available, especially if there is an ongoing investigation.

You may be asked to attend an investigation meeting, also known as a fact-finding meeting, in order to help your employer to establish the facts in relation to any allegation made against you.

Following such a meeting it may be found that you have done nothing wrong and your suspension is lifted.

Alternatively if it is found that you have a case to answer, you will be invited to a formal disciplinary hearing.

Being suspended from work is worrying, uncomfortable and unsettling and the period that it lasts should be brief and kept under review.

Although you are unable to carry out your duties at this time and interact with colleagues, you retain your employment rights during your period of suspension.

What can I do if I believe my suspension is unfair?

If you believe your suspension is unfair or excessively long, here are some steps you can consider:

Review your contract or the disciplinary policy for any clauses related to suspension and the process. This can help you to reasonably challenge the suspension if it does not comply with what is stated.

Talk to your employer and voice your concerns. Clearly state why you believe the suspension is unfair and request clarification.

If you discuss the matter and it does not suitably address your concerns, you can raise a formal grievance detailing your unhappiness with the situation [5] cited 13.3.24

You can also seek expert advice and contact our Employee Support Centre for

guidance on your employment rights, and we can help you to understand your options.