The first question we ask is, 'Will the children be at risk if the member of staff remains in the nursery?' If yes, then follow the guidelines below, says Jacqui Mann.
You need to be clear as to why the employee is being suspended, and if more than one member of staff is involved in the incident then I would recommend you suspend all of those involved. If you don't, then you are not following a fair procedure and it may be seen that you already believe the employee to be 'guilty'.
Suspension with pay should only be imposed after careful consideration. It should be made clear to the employee that suspension is not an assumption of guilt and is not considered a disciplinary sanction.
WHEN IS SUSPENSION APPROPRIATE?
There is no legal requirement to suspend, or not to suspend, an employee pending investigation.
Check what your employment contracts say. Below are examples of circumstances where it is appropriate to suspend an employee (on pay) during the disciplinary process.
- To prevent further damage or harm to the children, nursery or property if the employee has been accused of gross misconduct.
- To allow investigations to take place into the employee's conduct.
- To prevent the employee from being a disruptive influence in the nursery.
No employee should be suspended unless there are reasonable grounds. Where it is appropriate to suspend an employee, you will need to:
- Verbally inform them that they are suspended, on pay, pending an investigation.
Follow this up in writing explaining that:
- hey will be paid during the suspension.
- They must not contact any other employees, parents or suppliers without their manager's permission.
- They must remain available during working hours.
Normally, suspension should not exceed a period of one week. If a longer period becomes necessary (for example, to allow an investigation to be completed) then you should ensure you notify the employee of this in writing.
If the outcome of the investigation is 'No action taken', this should be confirmed in writing.
When an employee is suspended you need to think very carefully about what you are going to say to the rest of the staff and parents. Also make sure the employee is welcomed back without prejudice.
Only suspend an employee if it's absolutely necessary, the exception being that if the employee stays in work the children would be at risk.
