UK: Redundancy - suspending employee during consultation could be unfair

Employers should consider carefully whether it is necessary to suspend an employee at risk of redundancy and prohibit contact with colleagues or clients from the start of the consultation process.

The EAT considered such action to be insensitive and questioned its necessity in the case of Thomas v BNP Paribas concerning the redundancy of a long-standing and valued employee. The EAT also noted that it was hurtful and insensitive for the employer to get the employee's name and the date of termination wrong in its correspondence. The tribunal had criticised this conduct but failed to explain why it had nevertheless found the dismissal to be fair, so the case was remitted to a fresh tribunal.