#yourquestionsanswered Suspensions, stand downs, "special leave' - if you're being prevented from working then this may not be lawful.
Suspension from duty can happen in some employment situations, but only for good reasons. Normally this includes when an employee’s behaviour is under investigation for serious disciplinary purposes, and the employee needs to be removed to prevent further issues. It can also be used where the employee poses a risk to health and safety, for instance if they fail a drug test. It would be very rare for a suspension to be considered reasonable for performance issues or anything that was not serious misconduct and could result in dismissal.
Suspension should be the last resort too. It shouldn't be used to punish you, but because it is genuinely the only option an employer has to ensure that the workplace or you are safe.
Consultation
In nearly all situations, an employer must consult you before suspending you. You should not be suspended without knowing why. This means that you should be given an opportunity to comment on the concerns before they make this decision. Unless there is a direct threat or danger, it is rare that it would be considered reasonable to suspend an employee without consultation.
Unpaid suspension
Suspensions should be paid in most cases. If they are unpaid this should be provided for in your employment agreement. If the suspension is without pay it is of greater importance that a proper procedure has been followed.
So...
If you have any concerns around the way you or someone you know has been suspended, our employment law advocates can show you how they can be challenged. Unfortunately, an unfair suspension often occurs when an employer has a predetermined outcome, so we recommend getting in advice early if you have concerns.
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