During a workplace investigation, under what circumstances can you suspend an employee?

Posted in : First Tuesday Q&A ROI on 7 February 2017
Julie Austin
McDowell Purcell
Issues covered:

Up until relatively recently, an employer could generally suspend an employee with pay pending an investigation as long as the right to suspend was included in the disciplinary policy or contract of employment. However, the power to suspend employees pending an investigation has come under close scrutiny over the last number of years in a number of high profile cases. The current generally accepted position is that, even where a right to suspend exists in the contract or staff handbook, a suspension will normally only be justified where necessary to:

(i)    Prevent the repetition of the conduct complained; or

(ii)   Prevent interference with evidence; or


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Back to Q&A's This article is correct at 07/02/2017

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Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email jaustin@mcdowellpurcell.ie

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