Employment Rights Act 1996: Primary legislation establishing basic employment rights, unfair dismissal provisions, and requirements for written employment particulars. Key foundation for employment relationships and procedural requirements.
ACAS Code of Practice: Statutory code providing practical guidance on disciplinary procedures. While not law, tribunals consider compliance with this code when assessing cases, and failure to follow can result in increased compensation awards.
Equality Act 2010: Legislation ensuring suspension decisions are non-discriminatory, protecting against unfair treatment based on protected characteristics, and requiring reasonable adjustments for disabled employees.
Human Rights Act 1998: Ensures fundamental rights including right to fair hearing, protection of reputation, and right to private life are respected during disciplinary procedures.
Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal information, record keeping requirements, and privacy considerations during disciplinary procedures.
Full Pay Requirement: Legal principle requiring suspension to be on full pay unless explicitly stated otherwise in the employment contract.
Reasonable Grounds Principle: Legal requirement that any suspension must be based on reasonable grounds and used as a precautionary rather than punitive measure.
Time Limitation Principle: Best practice requirement that suspension should be time-limited where possible and regularly reviewed.
Confidentiality Requirements: Legal and procedural obligations to maintain confidentiality during the suspension process.
Right to Accompaniment: Statutory right for employees to be accompanied at disciplinary meetings by a trade union representative or work colleague.
