The Supreme Court have delivered a judgment on 10th May 2023 concerning the issue of suspending an employee pending an investigation. It its decision in the case of O’Sullivan v HSE [2023] IESC 11 the Supreme Court approved the test set out in the English case Braganza v BP Shipping [2015] 1 W.L.R. This case … Read more
Suspension with full pay. Not a problem for the employer? Think again. A High Court decision from April, 2015 provides helpful clarification about suspending an employee as a precautionary measure pending an investigation. This would be the default position for many employers where there is an allegation against an employee and an investigation is to … Read more
Where the employer suspects an employee may be guilty of gross misconduct he should suspend the employee on full pay in order to carry out an investigation. There are 2 important things about suspending the employee in these circumstances: 1. The suspension should be carried out as soon as possible The reason for this is … Read more