Suspension Policy for public servants

​ ​Introduction

This document comes in two parts.

Part one sets out the Jersey Public Services policy and principles regarding suspension.

Part two provides the procedure, setting out how to implement the policy with links to toolkit items to give you more information. The procedure is intended as a guide only and may change or be varied from time to time.

This policy supersedes all previous policies, circulars and procedures connected with suspension​ within the Public Service.

Code of practice and policy family

This policy forms part of the code of practice for Employee Rights at Work. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

Suspension policy

Policy purpose

The purpose of this policy is to provide information and procedural guidance about the Jersey Public Services approach in the event of the suspension of a public servant.

Policy Principles

All our policies are underpinned by our values and behaviours.

This policy and procedure aims to:

• ensure everyone is treated in a fair, consistent, and equal manner, free from discrimination and victimisation
  
• be clearly written, easy to understand and apply; and
  
• ensure our compliance with the Employment (Jersey) Law 2003, Discrimination (Jersey) Law 2013 and other relevant legislation and regulations
  
• provide clear guidance to employees about the procedure for suspension
  
• ensure effective arrangements are in place for suspending employees in cases of gross misconduct or other serious situations that may warrant suspension
  
• ensure there are arrangements in place to review suspensions every 28 calendar days, which last 28 calendar days or more.
  

Policy Scope

This policy applies to all Jersey public servants on permanent and non-permanent contracts of employment, including those on zero-hour contracts.

This policy does not apply to:

• agency workers or those providing a consultancy service to the public sector, where there is not a contract of employment. Concerns will be raised with their employing agency in the first instance
  
• voluntary staff or those on honorary contracts where there is no implied contract of employment
  
• Police Officers within States of Jersey Police, where a separate procedure applies
  
• doctors (including junior doctors) where a separate procedure applies
  

Performance and key accountabilities

All of us

Complying with the terms of the suspension in line with the policy and procedures, including being available for any workplace meetings relevant to your suspension during normal working hours.

Line managers

'Our managers are role models, set clear standards and are supportive' (People Strategy Commitment - Your Experience). As a line manager, you are responsible for modelling our values and behaviour. You set the tone for your team across the organisation.

Our People Strategy

You are responsible for:

Familiarising yourself with this policy and understanding your role in the procedure, particularly responding swiftly. You are also responsible for undertaking any relevant management training or briefing sessions related to this policy.

Notifying Chief Officers (or approved delegate) of any suspensions within a department prior to them occurring, to ensure Chief Officers are complying with their responsibilities as delegated on behalf of the States Employment Board.

Ensuring that alternatives other than suspension are fully considered, documented and communicated to the employee and reviewed every 28 days in line with the suspension review panel.

Accountable and responsible for the decision to suspend an employee as outlined in the scheme of delegation and seeking advice and support from the HR Case Management team or relevant HR professional prior to any suspension taking place.

Ensuring that individuals are aware of the support measures available to them and be mindful of general team wellbeing during any formal process.

Chief People and Transformation Officer

You are the custodian of al Government of Jersey people policies. You will ensure that this policy and its procedure:

• is implemented using appropriate communication methods, to aid organisation-wide awareness, in order that responsibilities can be fulfilled
  
• is reviewed in line with the schedule on the policy control sheet
  
• has been developed in keeping with the corporate policy framework, policy guidelines and our people strategy
  
• has mechanisms in place to monitor data relating to concerns raised
  

People Services (HR Case Management, People Consultancy Services, People Services team: Health  and Community Services)

Are accountable and responsible for:

• providing advice and support on this policy and procedure
  
• providing a supporting officer for a suspended employee
  

Chief Executive Officer, Chief Officers, Heads of Administration

You are accountable for:

• familiarising yourself with our six codes of practice
• familiarising yourself with this policy and procedure
• ensuring line managers and employees within your department carry out their responsibilities, as set out in this policy
  
• notifying and recording any breach of this policy, in accordance with the relevant breaches procedure upholding the spirit of the code and this policy and procedure.
  

You are responsible for modelling and championing our values and ensuring that our organisation's standards and expectations are communicated clearly and fully adopted by your department. You set the tone for the behaviours both within your department and across the organisation.

States Employment Board

The Board has a duty to issue Codes of Practice in accordance with Article 8 of the Employment of States of Jersey Employees (Jersey) Law 2005. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

About suspension

Suspension is where an employee continues to be employed but does not work. Suspension from duty is not a form of disciplinary action but allows an investigation or fact find to take place.

Reason for suspension

A public servant may be suspended for any of the following reasons (this list is not exhaustive):

An allegation of gross misconduct has been made against them

Please refer to the disciplinary rules for guidance on what constitutes the different levels of misconduct. These rules are examples and are not an exhaustive list.

Safeguarding concerns 

Safeguarding of vulnerable adults and children is taken seriously. If a DBS check uncovers an issue relating to safeguarding that an employee has failed to disclose, or the employee is arrested or charged with an offence during the course of employment, then we reserve the right to suspend the employee pending further investigation as this would potentially constitute gross misconduct. This also applies to any action, omission, performance, conduct or behaviour that raises safeguarding concerns. If the employee has more than one position within the Government of Jersey, the employer reserves the right to consider whether suspension is appropriate for more than 1 role.

There is a risk to other employees, service users or property 

In circumstances where allegations have been raised which may breach health and safety, data protection, system or access, that may place employees at risk.

Being remanded in custody pending a court hearing

In circumstances where an employee is remanded in custody pending a court hearing, the employer reserves the right to suspend the employee without pay until such time as their employment position is resolved.

Lapsed professional registration which may be under the Health Care (Registration) (Jersey) Law 1995

Further guidance on this can be found on the Jersey care commission website. Under the Health Care (Registration) (Jersey) Law 1995, it is an offence to engage in a contracted occupation that requires registration if not locally registered through the Jersey Care Commission. Any registered healthcare professional within the public service who enters a period of lapsed UK registration (at any time) or local registration from 1st January of any year will be in breach of their contract of employment. Their contract of employment will therefore become invalid until such time as UK and/or local registrations are renewed. The employer reserves the right to withhold pay until the registration is resumed.

Medical Suspension

An employee may be suspended on medical grounds with pay for a maximum of 6 weeks. The reasons are listed here (not exhaustive):

• their attendance at work may be a risk to themselves or others because of their health condition
  
• their GP has signed the individual back to work, and an assessment by occupational health is pending to confirm their fitness to work
  
• the employee refuses to seek medical advice when their health is having a detrimental and demonstrable impact on their ability to work
  
• the employee's health is having a demonstrable impact on service delivery e.g., when they refuse to participate in workplace health assessments/surveillance under Health and Safety legislation
  

The Procedure

Suspension of a public servant

The decision to suspend must follow a preliminary assessment of the circumstances which should determine whether suspension is justified in line with the policy and must include any alternatives which have been considered and recorded on the checklist. This decision should be made by the line manager who must be at a senior level within the department and authorised to suspend together with advice from a member of the HR Case Management team or relevant People and Corporate Services representative. The Chief Officer or their delegate must be informed prior to a suspension being carried out in line with their delegated responsibility on behalf of the States Employment Board.

Refer to the suspension checklist before suspending an employee.​

Suspension checklist for managers​​​

Alternatives to suspension

Alternatives to suspension must be considered prior to a final decision being made. The following provides guidance on alternatives to suspension. If it is deemed there are no alternatives to suspension, then a reason must be provided. Alternatives considered could be any of the following (not exhaustive):

• being moved to a different area of the workplace
  
• working from home
  
• changing working hours
  
• being placed on restricted/administrative duties
• working under supervision
  
• being transferred temporarily to a different role within the organisation. The role should be of a similar status to their normal role. Pay and hours remain the same as their current terms and conditions of employment.
  

The employer reserves the right to review and consider alternatives to suspension once the suspension has taken place, for example, a recommendation made by the suspension review panel. Advice must be sought from the HR case management team (hrcasemanagement@gov.je) or relevant people and corporate services representative when considering any alternatives.

Suspension meeting

The suspension meeting must be convened as soon as practically possible once the decision to suspend has been made. Due consideration should be given to individual circumstances, where employees are on annual leave or sick leave, advice should be sought from the HR Case Management team or the relevant people and corporate services representative. The employee will be asked to attend the meeting and given an outline of the reasons for the m​​eeting. A letter confirming the reasons and terms of the suspension must be sent to the employee within 24 hours of the meeting taking place.

The suspension toolkit provides further information on other matters that may arise during suspension to include pay, sickness during suspension (except medical suspension), contractual allowances, leave, visiting government of Jersey premises as a client, patient, customer.

Suspension Review

Suspension review panels have been established by the States Employment Board as an integral part of the suspension process. These are in place to examine and review the process of suspension for all public servants. Suspension review panels are expected to review whether the suspension process has complied with this policy.

Please see further information on suspension review panels.

Lifting of suspension

Where evidence suggests suspension is no longer required

At any point in the process, where evidence suggests that suspension is no longer required or where an alternative to suspension is identified; suspension is lifted with immediate effect. It is the responsibility of the commissioning manager to liaise with the employee and the relevant line manager to inform them that the suspension has been lifted to ensure any operational needs can be considered. It is the responsibility of the line manager to ensure the employee is informed of any return to work arrangements and the relevant support is in place.

Following a hearing outcome

If, following a hearing process, the sanction issued by the panel determine that an employee can return to work, operational arrangements must be made with the employing department to ensure the suspension is lifted and any meetings are arranged and support is in place. It is the responsibility of the commissioning manager to liaise with the employee and the relevant line manager to inform them of the lifting of suspension and/or any alternative duties. It is the responsibility of the line manager to ensure the employee is informed of any return to work arrangements and the relevant support is in place.

Right to be represented or accompanied, including companion support

By law, any employee can bring one person to a formal meeting, this can be a trade union representative or a workplace colleague. In addition, employees who require reasonable adjustments may also be entitled to companion support.

Right to be accompanied

Support and wellbeing

Your wellbeing is our priority, everyone should feel safe and supported in the workplace, sources of wellbeing support and guidance can be found for public servants on MyStates.  Employees will be informed of the measures of support available to them at the suspension meeting and followed up in writing, with regular wellbeing check-ins. This offer of support may also included counselling.

Confidentiality

We all have the right to confidentiality throughout this procedure. Red our confidentiality toolkit for more guidance.

An employee's right to confidentiality is respected, however, in circumstances of safeguarding, then the relevant safeguarding service (e.g., Jersey Designated Officer) may need to be informed, and therefore, confidentiality may not be guaranteed.

Links to other policies

Other policies and procedures that are helpful to consider when using this policy are:

Disciplinary

Investigation guidelines

Codes of Practice

Glossary of terms

Glossary of term​s

External sources of information

Registration procedures for Healthcare roles