Can you suspend an employee without pay

Q Our company suspended an employee after he physically assaulted another employee. The incident was recorded on CCTV footage. The suspension was to provide time for the company to conduct a thorough investigation of the incident.

We arranged a meeting with the employee two days later and his behaviour and explanation for it were not considered satisfactory. In a separate incident, the employee had recently received a final written warning because of abusive behaviour towards the same employee.

Brexit Check what you need to do. Explore the topic Redundancies, dismissals and disciplinaries. Is this page useful? Maybe Yes this page is useful No this page is not useful.

Thank you for your feedback. Report a problem with this page. What were you doing? What went wrong? The worst mistake you can make is to fail to do anything and take too long to say goodbye. Gross misconduct in the workplace is unacceptable or improper behaviour of a serious kind. You can sack someone on the spot for gross misconduct.

Most employers would consider intoxication drink or drugs , fighting or physical abuse, indecent or lewd behaviour, theft, fraud, sabotage, offensive behaviour such as sexism, harassment, discrimination, bullying or any form of abuse , serious negligence, or gross insubordination as examples of gross misconduct.

In other words, an employee has to have behaved pretty badly to warrant sacking on the spot. First of all, what does suspended mean? If you suspect your employee of unacceptable behaviour, you may find it is appropriate to suspend them from work while you carry out an investigation. It means your employee still works for you, but is asked not to attend their place of work or engage in any work for you. Suspending an employee for misconduct can have a serious impact on their reputation, so it should only be considered in certain circumstances.

Knee-jerk reactions into an allegation against an employee should be avoided. And remember, an employee on suspension will likely be receiving full pay unless there is a contractual right not to do so , so there is a cost to the business. If you fired someone for gross misconduct and they subsequently took you to an employment tribunal and won the case for unfair dismissal, the cost to your business could be huge. Importantly, there must be strong evidence to indicate a cause for concern.

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