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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long has she worked there for?
Hi there, to be honest you do not have too much to worry about. A suspension is traditionally seen as a last resort action and should not be applied lightly, but at the same time there are circumstances when it will have to be implemented by the employer. Whilst it is usual for suspension to be applied only to employees who are potentially guilty of some misconduct, there are other types of suspension such as medical suspension. So it is possible to potentially suspend someone even if they are not guilty of misconduct or under investigation, although there should be solid justification for doing so.
The good news here is that a wrongful or unfair suspension would only give an employee the chance to resign and claim constructive dismissal, together with a potential uplift on the award for failure to follow the ACAS code. However, this can only be done if the employee has at least 2 years service with the employer. This person does not so even if you did suspend them without due cause or on unfair grounds, there is very little they can do to challenge this. They could complain internally, but taking this any further would be impossible so you do not have to fear any sort of legal challenge. It means you can suspend her if you wanted to without having to justify your reasons for doing so, as long as you continue paying her as normal for the time of suspension.
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