Human resources at a click

Decision to suspend employee was “overly hasty”

office-man-carrying-cardboard-box-of-belongings

In Stothard v Durham University, the Claimant was suspended following media allegations of alleged grade tampering. She resigned shortly after being reinstated and claimed constructive unfair dismissal, citing the decision to suspend her as one of the breaches of trust and confidence.

The Respondent argued the suspension had been necessary to secure the relevant evidence. However, the Tribunal found the decision to suspend the Claimant had been “overly hasty”; the Claimant’s access to the computer folders could have been restricted, her emails monitored if required, and most of the evidence was contained in computer archives and could not have been accessed by the Claimant in any event.

The Claimant was suspended following media allegations of alleged grade tampering.

The Tribunal also noted there was a “very practical alternative” to suspending the Claimant, which was to ask her to explain whether there was any basis for the media’s allegations before considering suspension. The case should therefore remind employers of the need to consider the necessity of a suspension, and whether there are any alternatives, before taking this step.

Disclaimer This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.
people meeting, paperwork, tablet,
Employmentbuddy
Employment Team

Related Articles

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and...

It is an unfortunate reality that occasionally employers will find themselves in a position where it is necessary to proceed...

As the festive season approaches, many employers are rethinking their approach to the traditional office Christmas party. Once synonymous with...

Related Resources

Conducting an appeal checklist

Checklist for conducting an appeal. Read the disciplinary procedure carefully. Appeals should deal with situations where the employee has been...

Invitation to attend a grievance meeting

Template letter of invitation to attend a grievance meeting. Preview of letter Invitation to attend a grievance meeting. [DATE] Dear...

Letter to reschedule meeting following employees failure to attend

Template letter to employees who fail to attend a review meeting. Preview of letter Dear [ ] REVIEW MEETING We...

Human resources at a click