In a new series of monthly updates, members of our London Employment team bring you the latest decisions and developments in UK employment law. In this month's update, we outline the new guidance issued by Acas regarding employee suspension, highlight learnings from the Data Protection Commissioner v Dooler decision, discuss takeaways from the Bailey v Stonewall gender discrimination case and set out HMRC's latest published concerns in relation to the use of umbrella companies.
- The Advisory, Conciliation and Arbitration Service (Acas) has issued new guidance regarding suspending employees
- Acas has provided updated guidance for: (i) deciding whether to suspend someone, (ii) the process for suspending someone, (iii) supporting an employee’s mental health during suspension and (iv) pay and holidays during suspension. The guidance covers the below points but should be referred to directly for further detail:
- Deciding whether to suspend someone: Acas suggest employers should carefully consider if suspension is reasonable in the surrounding circumstances. If it’s not reasonable, there’s a risk the employer could be in breach of the employment contract. Therefore, suspension should only be utilised where it’s necessary to protect an investigation, the business or staff. Consequently, it may be necessary for an employer to deploy alternatives to suspension, such as limiting an employee’s access to certain customers or IT systems or requesting that they work from home during...
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