Picture the scene: a child has bruises after attending nursery for a day. One of their parents says this must have happened at the nursery. Nursery management contacts Ofsted who advise suspension of the member of staff pending an investigation.
Unhappily in what is an already stressful situation, employment law can sometimes seemingly conflict with what is required by Ofsted. Under employment law, employers must act reasonably and fairly if suspending an employee. But the EYFS' has stringent safeguarding and welfare requirements, including ‘Providers must take all necessary steps to keep children safe and well’, which can mean there is a temptation to suspend without consideration for the employee's rights.
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