Suspension

Definition

Suspension refers to the temporary removal of an employee from their duties while maintaining their employment status.

This usually occurs during investigations of gross misconduct or serious breaches of workplace rules.

While suspended, the employee typically continues to receive pay and benefits as per company policy.

Suspension itself is not disciplinary action but may lead to formal proceedings based on the outcome of an investigation.

Common Reasons for Suspension

Suspensions at the workplace are typically enforced in situations involving:

• Alleged gross misconduct
• Non-compliance with company policies
• Actions leading to damage to company property or reputation
• Investigations into breaches of safety or security protocols

Suspension Rules and Allowances

Most companies have specific policies governing suspension, which are outlined in employee contracts or handbooks. These rules often include:

• Employees are generally paid during suspension, often through a “suspension allowance” or “subsistence allowance”.
• Suspension does not imply guilt. It allows the employer to conduct an investigation without the employee's presence influencing the process.
• Once the investigation concludes, further disciplinary action may be taken, if necessary, based on the findings.

Suspension vs. Termination

It is important to note that suspension does not equate to termination. It is a temporary measure.

However, if the investigation finds the employee guilty of misconduct, it may lead to permanent dismissal.

Otherwise, the employee can return to work without any further action.

Duration of Suspension

The period of suspension can vary depending on the complexity of the investigation and company policy.

Typically, it lasts until the employer concludes the investigation.

Prolonged suspensions can impact the employee’s mental well-being and workplace integration.

Can an Employee Resign During Suspension?

Yes, employees retain the right to resign during a suspension period, though they are advised to carefully consider the potential consequences of doing so. Resigning during an investigation could leave unresolved matters on record.

Employee Rights During Suspension

During suspension, employees are entitled to the following:

• Payment in accordance with company policy
• Access to the reason for suspension
• A transparent investigation process
• The opportunity to respond to allegations, if applicable

Impact on Future Employment

While suspension is temporary, extended suspensions or those linked to severe allegations can affect future employment prospects.

However, if resolved favourably, the employee’s record will remain intact.

Does the Employer Need to Show Cause for Suspension?

Yes, employers must have a valid reason for suspending an employee.

Typically, written explanations, as per company policy, are provided, ensuring transparency. This ensures the suspension is based on legitimate grounds.

Conclusion

Suspension is a precautionary and temporary measure that employers may take in response to potential misconduct.

It allows for a fair and transparent investigation without prematurely deciding on the employee’s future.

While it is a serious process, suspension does not imply guilt, and employees retain their right to be paid and informed of the reasons behind the suspension.

This ensures that the balance between workplace safety and employee rights is maintained, fostering a fair and supportive work environment.

Frequently Asked Questions (FAQ)

Q. Can an employee challenge or appeal their suspension?

A. Yes, employees can challenge a suspension. They should follow their company’s grievance procedure and provide a formal response during the investigation.

Q. What happens to employee benefits (e.g., health insurance) during suspension?

A. During suspension, employees usually retain benefits like health insurance. However, it’s important to confirm with the employer as policies may vary.

Q. How does suspension affect performance reviews or promotions?

A. Suspension may delay performance reviews or promotions, especially if the investigation takes time. However, the final decision depends on the investigation's outcome.