Sample Suspension Letter
If an employee commits an act of gross misconduct, the Company is entitled to summarily terminate the employee’s contract of employment without notice or payment in lieu of notice. Alternatively, the employer may choose to suspend the employee while an investigation of the alleged gross misconduct takes place and to have a subsequent meeting with the employee rather than summarily dismiss the employee.
A letter of suspension from employment is a formal notice that an employee is not to attend work for the period specified in the letter. Important components of a suspension letter include the specific reason for the suspension, the duration of the suspension, and whether the employee will still be paid their normal wage while they are on suspension. For example:
Create your free Suspension letter
Make sure you do things right when you discipline an employee, with this employee suspension letter pending a disciplinary investigation. The suspension letter sets out in clear and simple terms the process to be followed and the employee\’s rights, helping ensure that the employer complies with the laws on unfair dismissal. It covers notification of the suspension, arrangements during the suspension and request for potential witnesses and-or information relevant to the investigation.
This letter constitutes official notice of your suspension without pay for ten (10) working days because of your misconduct involving drinking on duty on January 30, 2008. The effective dates of your suspension are February 18th through February 29th, inclusive and you are expected to report back to duty on Monday, March 1, 2008. This action follows an investigation by Irene Jackson, Department Head and Andrew Albright, Associate Director.
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It is important to note that an employee should only be suspended if the alleged misconduct is gross in nature (very serious), such as theft, fraud, assault, dishonesty, sexual harassment, etc. and that his presence in the workplace may prejudice the employer in that the employee may genuinely interfere with the investigation, that he may manipulate documented evidence, victimise and-or threaten the witnesses, etc.
Holding an inquiry
Generally, however, suspension will only be relevant where there are gross misconduct or serious misconduct allegations which require investigation and an employer will not be able to do so whilst the employee remains in the workplace or there is a risk of damage to property or person. For example, this would be where an employee has been violent and could be violent again, or there is a risk that they could damage evidence or other property of the employer.
Suspension for alleged misconduct may be a breach of contract
Employers can be tempted to jump to suspend employees who face allegations of misconduct. A suspension letter will often remind the employee that “suspension is not a disciplinary sanction” but it is a “neutral act”.
How should an employee be suspended?
Regular contact should be maintained between the employee and their manager and-or point of contact during the suspension. It is important that the employee is supported during this time and is able to contact someone at the workplace to discuss any concerns they may have.