Common use of Suspension of Staff Clause in Contracts

Suspension of Staff. If, in the opinion of the Authority's Representative, any member of the Operational Staff is guilty of misconduct, incapable of efficiently performing his or her duties or it is not in the public interest for such individual to work in the provision of the Services, then the Authority's Representative may, by notice to the Contractor, require the Contractor to immediately suspend such individual from his or her work and refuse the admission of such individual to the Authority's Premises (except, with the Authority's Representative's Approval, in connection with disciplinary matters) (a "Suspended Member of Staff") and shall, immediately on being required to do so, ensure such Suspended Member of Staff is removed from carrying out duties where contact with Young People is required under this Contract. The Contractor will ensure that such Suspended Member of Staff's work is performed by such other member of the Operational Staff as is necessary. The Authority's Representative may, in respect of any such Suspended Member of Staff, take such action as it considers appropriate. The Contractor and the Authority's Representative shall, following the suspension, refusal of admission and/or removal of such Suspended Member of Staff pursuant to clause 25.4 (Suspension of Staff), consult in good faith to ascertain whether the Suspended Member of Staff should be allowed to recommence his or her duties. If the Contractor considers in good faith that suspension is no longer appropriate and that the Suspended Member of Staff should be allowed to resume his or her duties, it shall notify the Authority's Representative in writing (a "Cessation of Suspension Notice"). Following receipt of any Cessation of Suspension Notice by the Authority's Representative, the Authority's Representative shall be entitled, by giving notice in writing (a "Continued Suspension Notice") to the Contractor within ten (10) Business Days after receipt of the Cessation of Suspension Notice, to require continued suspension of such Suspended Member of Staff for a specified period or permanently. If the Authority's Representative does not give a Continued Suspension Notice within the period specified in clause 25.4.5 (Suspension of Staff), the Suspended Member of Staff may be allowed to continue his or her duties. Where the Authority's Representative gives notice to the Contractor pursuant to clause 25.4.1 (Suspension of Staff) or issues a Continued Suspension Notice pursuant to clause 25.4.5 (Suspension of Staff), such notice shall contain the Authority's reasons for requiring suspension or continued suspension (as appropriate) of the individual concerned, save where the Authority considers, in its sole discretion, that it is unable to do so.

Suspension of Staff. IfWithout prejudice to clause 40 (Certification as Escort Custody Officers), if, in the opinion of the Authority's ’s Representative, any member of the Operational Staff is guilty of misconduct, incapable of efficiently performing his or her duties or it is not in the public interest for such individual to work in the provision of the Services, then the Authority's ’s Representative may, by notice to the Contractor, Contractor require the Contractor to immediately suspend such individual from his or her work and refuse the admission of such individual to the Authority's ’s Premises and Agency’s Premises (except, with the Authority's ’s Representative's ’s Approval, in connection with disciplinary matters) (a "“Suspended Member of Staff"”) and shall, immediately on being required to do so, ensure such Suspended Member of Staff is removed from carrying out duties where contact with Children and Young People is required under this Contract. The Contractor will ensure that such Suspended Member of Staff's ’s work is performed by such other member of the Operational Staff as is necessary. The Authority's ’s Representative may, in respect of any such Suspended Member of Staff, take such action as it considers appropriate. The Contractor and the Authority's ’s Representative shall, following the suspension, refusal of admission and/or removal of such Suspended Member of Staff pursuant to clause 25.4 41.7 (Suspension of Staff), consult in good faith to ascertain whether the Suspended Member of Staff should be allowed to recommence his or her duties. If the Contractor considers in good faith that suspension is no longer appropriate and that the Suspended Member of Staff should be allowed to resume his or her duties, it shall notify the Authority's ’s Representative in writing (a "“Cessation of Suspension Notice"”). Following receipt of any Cessation of Suspension Notice by the Authority's ’s Representative, the Authority's ’s Representative shall be entitled, by giving notice in writing (a "“Continued Suspension Notice"”) to the Contractor within ten (10) Business Days after receipt of the Cessation of Suspension Notice, to require continued suspension of such Suspended Member of Staff for a specified period or permanently. If the Authority's ’s Representative does not give a Continued Suspension Notice within the period specified in clause 25.4.5 41.7.5 (Suspension of Staff), the Suspended Member of Staff may be allowed to continue his or her duties. Where the Authority's ’s Representative gives notice to the Contractor pursuant to clause 25.4.1 41.7.1 (Suspension of Staff) or issues a Continued Suspension Notice pursuant to clause 25.4.5 41.7.5 (Suspension of Staff), such notice shall contain the Authority's ’s reasons for requiring suspension or continued suspension (as appropriate) of the individual concerned, save where the Authority considers, in its sole discretion, that it is unable to do so.