Suspension of care staff – employers beware

Posted on March 1st, by editor in Caring Times. No Comments

The recent case of Four Seasons Healthcare Ltd v Maughan has raised important issues relating to the suspension of care staff and the complications caused by police investigations. The purpose of this article is to clarify what employers should now be doing with their contract documentation in light of this decision, and the limitations that exist on the action they can take because of the application of the statutory dismissal and disciplinary procedures. The facts in Four Seasons Healthcare Ltd v Maughan were that Mr Maughan was employed as a nurse in a care home. The home suspended him without pay on January 17, 2003 following an allegation that he had abused a resident. At this stage the home intended the suspension to be for a period of up to seven days, the period permitted by his employment contract. The police charged Mr Maughan with a number of offences and he was made subject to bail conditions pending his trial, which took place in October 2003. These bail conditions included a condition that he di

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