"One of our employees has been suspended from work pending completion of an internal investigation. We have received a request from him asking if he can attend the Christmas party that is on tonight. How do I handle it?"
The first question is to establish why the employee has been suspended, and then to consider whether that reason justifies asking him to remain away from the Christmas party. In most cases where there is a legitimate basis for the suspension, there will also be a legitimate basis for requiring the employee to remain away from work social events. For example, if the reason for suspension is that there is a potential threat to employees, or that the employee concerned may influence witnesses then it will be understandable (and reasonable) that the suspension extends to the office party.
In contrast, if the suspension involves, for example, being removed from a customer facing role while the matter is being investigated, then there would be little reason to prevent the employee from attending the Christmas party.
As we know, an employer needs to have a good reason to suspend an employee. A clearly set out suspension letter should explain whether the employee is entitled to communicate with colleagues during the period of suspension (unless authorised by a manager).
It should, therefore, not come as a complete surprise to a suspended employee if they are not permitted to attend the office party.
Where it is anticipated that suspension will coincide with a work-related social event, it is recommended that the suspension letter should state that the employee is not permitted to attend the event, while making it clear that this is consistent with the terms of the suspension and is not intended to be a sanction or make any assumption of guilt.
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial