An Employer suspending an Employee from their employment is a very draconian step and may, in and of itself, be tantamount to a breach of implied the duty of trust and confidence of contracts of employment and the Employee suffering a “Detriment”, especially if the Employee has been suspended without pay.
The Employer ought to carry out their own investigation prior to the main investigation and disciplinary hearings to decide whether suspension is an appropriate course of action. While the ACAS Code of Practice (which is advisory only and not legally binding) recommends that suspension ought to be the last resort and there have been plenty of Employment Tribunal cases where the Employee’s suspension has been considered a breach of the contract of employment and a detriment, there is no firm authority on the practice of suspension itself.
However, the guidance strongly suggests that suspension should be a last resort and only carried out where the Employee remaining in Employment would present a risk to the Employer, the Employer’s business or its other employees, or there is a reasonable belief that the Employee would commit further acts of misconduct, such as destroying sensitive documentation that may incriminate them.
Where the Employee is being investigated by the police for a criminal offence, the issue cannot be determined by reference to the employee’s ultimate guilt or innocence, nor simply by reference to whether they were granted bail or not.
Unless there is a clear contractual right to suspend without pay, then the Employee must continue to receive full pay and benefits while on suspension. This is confirmed in the ACAS Code.
While the issue of Employee suspension from Employment is very fact-specific, in your case, I would advise that you review your contract of employment and demand that you your receive normal salary and benefits while on suspension and puts your Employers on notice that they may have breached the implied duty of trust and confidence in their suspension of him. If the Employer refuses to reinstate your salary, you should claim for Unlawful Deduction of Wages through the Regional Employment Tribunal.