Expert Disciplinary & Grievances Solicitors

Suspending an employee from work is a serious measure to take and so it should only be done where justified and necessary and the ACAS code of practice provides some useful suggestions on when such action may be necessary. If suspension is justified, it should be for as brief a period as possible and should be reviewed by the employer constantly. The employer should also clearly explain to the employee that suspension is not a disciplinary action in itself and that it is not an assumption of guilt. Suspension should be made on full pay unless it is justified not to and only then if the employee’s contract of employment expressly permits suspension without pay.

No, employees have the right to be accompanied by a trade union representative or by another member of staff in the business. However, if an employee has a disability (within the definition of disability provided under the Equality Act 2010) then the employer must make reasonable adjustments to the process, and this may include allowing the employee to be accompanied by a family member or carer.

Whilst there is no statutory obligation on an employer to hear a grievance filed by a former employee after they have left and there is no explicit requirement in the ACAS code of conduct for an employer to follow a grievance procedure where a former employee raises a grievance, the legal definition of ‘employee’ includes someone who has left employment. On that basis, it may be best practice for employers to follow their grievance procedure and the ACAS code of conduct, even for grievances made by former employees, to avoid the risk of any increase in any award by an employment tribunal in the event that the former employee brings a successful employment claim within the time.