Guidance on Suspending School Staff

Part 4 of KCSIE 2022 contains specific requirements where the circumstances relate to a safeguarding allegation.

ACAS has also now published some employer guidance on how to manage staff suspensions during formal disciplinary and grievance investigations.  Although this is not legally binding it represents good practice and all employers should be aware of it when suspending staff.

The new guidance covers a number of key issues, including deciding whether to suspend an employee, how you should suspend them, how to support their mental well-being, and dealing with pay and holiday during the suspension period.

The guidance reflects the fact that suspension should not be an automatic response to concerns or allegations being raised. However, in some circumstances suspension might be appropriate, for example in order to preserve the integrity of an investigation, and where there are no viable alternatives to suspension which would achieve the same result. The guidance sets out ways employers can approach the topic of suspension fairly and sensitively, so that it can be properly seen as a temporary and neutral act, and so that the individual's wellbeing can be properly protected.

The guidance acknowledges that in some situations it might be appropriate to take legal advice before suspending an employee, for example if there is any question over pay or the fairness of the suspension. It is also good practice to put everything in writing, so the terms of suspension are clear from the outset. Suspension should be no longer than necessary and the decision to suspend should be kept under review.

For further guidance please contact Alice Reeve or your usual member of the Employment Law team. Alternatively, please complete the form below.