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New ACAS guidance on suspension and overtime

There have been a number of important cases dealing with suspension and overtime in recent years. In Agoreyo v London Borough of Lambeth the High Court confirmed that suspension should never be a “knee-jerk reaction” and that it might even amount to a breach of the implied term of trust and confidence in some circumstances. And in a judgment that caused lively debate and significant concern for employers when delivered in late 2014, the Employment Appeal Tribunal ruled (in Bear Scotland Ltd v Fulton) that overtime should be included in the calculation of holiday pay where it forms part of the worker’s “normal remuneration”.

Perhaps to acknowledge these developments, ACAS has issued two new guidance notes covering suspension (available here) and overtime (available here).

Whilst the guidance is not binding on employers and does not have to be taken into account by employment tribunals, they are likely to be referred to by employees, Claimants and their representatives. HR professionals and those with management responsibilities should therefore be aware of the content and should consider updating any relevant policies accordingly.

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