Suspending an employee pending an investigation: What it means in practice for employers

SI 146 of 2000 is a statutory instrument that sets out the Code of Practice on Grievance and Disciplinary Procedures. This Code of Practice contains general guidelines on the application of grievance and disciplinary procedures and the promotion of best practice in giving effect to such procedures. The Code of practice emphasizes that disciplinary investigations should comply with the principles of natural justice and fair procedure.

This was addressed by the High Court in Bank of Ireland v James Reilly [2015] IEHC 241 and the more recent Supreme Court decision in the case of O’Sullivan v HSE [2023] IESC 11.