Suspension Is Not A Neutral Act

In a recent Court  of Appeal decision, the judge said that the use of suspension in a disciplinary matter is not a neutral act. In the case of Mezey v South West London and St George’s Mental Health NHS Trust, the judge said, “Suspension changes the status quo from work to no work, and it inevitably casts a shadow over the employee’s competence. Of course this does not mean that it cannot be done, but it is not a neutral act.”

This case is significant because for a long time the law has regarded suspension as being neutral, merely preserving the employment relationship while investigations can be undertaken. It is supposed to be used only in the most serious of circumstances. However, as anyone in FE will know, colleges suspend people almost routinely in the face of any kind of disciplinary action. Indeed, just in the last week at least six ACM members have been suspended and in some cases without even being given any detailed reasons.

What is worse, suspension is frequently protracted; and with those affected told not to contact anyone from their college, the isolation and stigma can have a serious impact on an individual’s health and reputation.

Now we have this Court of appeal decision, we will be insisting that colleges review their use of suspension in disciplinary procedures.