What is Suspension at Work?

Suspension at work normally means that your employer temporarily requires you to stop carrying out some or all of your duties while a workplace matter is investigated.

This is commonly referred to as suspension pending investigation.

Depending on the circumstances, you may be told not to:

• Attend the workplace
• Access work systems
• Contact certain colleagues
• Contact customers or clients
• Perform some or all of your normal duties

Suspension is most commonly used during an investigation into potentially serious misconduct.

However, suspension is not disciplinary action in itself and does not mean that your employer has decided you are guilty.

For further guidance, see Investigations at Work and Gross Misconduct.

Does My Employer Need a Contractual Right to Suspend Me?

Employment contracts and staff handbooks often contain an express right allowing an employer to suspend an employee during an investigation.

Having an express contractual provision places the employer in a stronger position.

However, the absence of a specific suspension clause does not necessarily mean that every suspension will be unlawful.

The employer should still have a proper reason for suspending you and should act reasonably.

A suspension that is:

• Unnecessary
• Punitive
• Unreasonably prolonged
• Handled in a damaging way

could potentially breach your employment contract, including the implied duty of mutual trust and confidence.

Is Suspension a Disciplinary Punishment?

No.

Suspension pending investigation should normally be a neutral and precautionary measure.

It should not be imposed:

• To Punish you
• To Signal that you are guilty
• Simply to demonstrate that an allegation is serious
• Automatically whenever a misconduct allegation is made

Your employer should make clear that no disciplinary conclusion has yet been reached.

A fair investigation should take place before any decision about disciplinary action is made.

Why Might an Employer Suspend an Employee?

Suspension may be appropriate where the employer reasonably believes it is necessary to protect:

• The Investigation
• The Business
• Other employees
• Customers or clients
• The Person under investigation

Examples can include situations where there is a genuine concern that an employee might:

• Interfere with evidence
• Influence witnesses
• Continue the alleged misconduct
• Create a safety risk
• Cause serious commercial harm
• Interfere with customers or clients

Suspension may also be considered where allowing the employee to continue performing particular duties would create a significant risk while the allegations are investigated.

Can My Employer Suspend Me Simply Because the Allegation is Serious?

Not automatically.

The seriousness of an allegation is relevant, but it does not by itself make suspension necessary.

Current Acas guidance states that an employer should not use suspension automatically.

Before deciding to suspend, the employer should obtain enough initial information to understand:

• What allegedly happened
• Who is involved
• How serious the potential risks are

The employer should then consider whether suspension is genuinely required.

Should My Employer Consider Alternatives to Suspension?

Yes.

Before suspending you, your employer should consider whether the risks can reasonably be managed in another way.

Possible alternatives can include temporarily requiring you to:

• Work from home
• Work at another site
• Change shifts
• Work in another department
• Avoid certain customers
• Stop carrying out particular duties
• Work with different colleagues

For example, if an allegation relates only to your handling of stock, it may be possible temporarily to remove that responsibility rather than suspend you from all work.

Whether an alternative is suitable depends on the circumstances.

Suspension should generally be used only where it is a reasonable way of managing the identified risk.

When Will Suspension Be Reasonable?

There is no single rule applying to every suspension.

Current Acas guidance states that the employer should consider whether:

• It Took reasonable steps before reaching the decision
• An Employer in a similar situation with the same information could regard suspension as reasonable

The employer should also consider:

• The Evidence available at that stage
• The Seriousness of the risks
• Alternatives to suspension
• The Effect suspension may have on you
• Your Wellbeing and mental health

An employer does not need to prove the disciplinary allegations before suspending you because the purpose of suspension is normally to allow an investigation to take place.

However, there should still be a reasonable basis for deciding that suspension is necessary.

Will I Still Be Paid While Suspended?

Usually, yes.

During a disciplinary investigation, a suspended employee should normally continue receiving:

• Pay
• Contractual benefits

This can include contractual benefits such as:

• Pension contributions
• Contractual allowances
• Benefits provided under the contract

Relevant commission already earned for work completed before suspension should also continue to be dealt with according to the applicable contractual rules.

Suspension without pay is much more legally problematic.

Even where a contract appears to allow reduced or no pay during suspension, an employer can face legal risk by withholding normal pay.

What if I Was Already Off Sick When I Was Suspended?

The interaction between suspension and sickness pay can depend on the contract.

For example, if your contract specifically states that suspension is on full pay, that wording may remain relevant even if you subsequently become sick.

Where the wording is less clear, the employer may need to consider:

• The Employment contract
• Sick-pay provisions
• Suspension provisions
• Circumstances of the absence

An employer should not automatically assume that suspension gives it the right to reduce your pay.

How Long Can I Be Suspended For?

There is no statutory minimum or maximum period for an ordinary suspension pending investigation.

However, it should normally last only as long as reasonably necessary.

The current Acas Code of Practice states that where suspension with pay is considered necessary, it should:

• Be As brief as possible
• Be Kept under review
• Not Be treated as disciplinary action

Current Acas guidance similarly says the employer should regularly review whether suspension remains necessary.

Should My Employer Keep Me Updated?

Yes.

Your employer should generally keep reasonable contact with you during suspension.

This can include updating you about:

• Progress of the investigation
• Expected next steps
• Upcoming meetings
• Whether suspension remains necessary

It is sensible for you and your employer to agree:

• Who will contact you
• How often contact will take place
• How you can raise questions

Suspension can have a significant impact on wellbeing and professional confidence, particularly where it continues for a long time.

What if My Suspension Continues for Too Long?

A lengthy suspension is not automatically unlawful.

Complex investigations can legitimately take time.

However, problems can arise where:

• Little or no investigation is taking place
• There are unexplained delays
• The Employer does not review the suspension
• Alternatives are not considered
• The Employer leaves you without meaningful updates

The longer a suspension continues, the greater the risk that it may become unreasonable.

In serious cases, an unreasonable suspension or the way it is handled could contribute to a breach of the implied duty of mutual trust and confidence.

Depending on all the circumstances, a sufficiently serious breach could potentially support a Constructive Dismissal claim.

Suspension itself does not automatically amount to constructive dismissal.

Am I Entitled to Know Why I Have Been Suspended?

There is no specific statutory rule prescribing exactly how much information an employer must give you at the moment of suspension.

However, current Acas guidance considers it good practice for the employer to explain, as far as reasonably possible:

• What the Investigation concerns
• Why You are involved
• Why Suspension has been considered necessary
• What Happens next
• What You can and cannot do during suspension

The employer may sometimes need to withhold particular information temporarily to:

• Protect witnesses
• Preserve evidence
• Maintain confidentiality
• Avoid undermining the investigation

However, suspension should not normally leave you completely unaware of the nature of the issue.

If disciplinary action is subsequently considered, you must be given sufficient information about the allegations to allow you a fair opportunity to respond.

Does My Suspension Have to Be Confirmed in Writing?

There is no general legal requirement that suspension pending investigation must always be confirmed in writing.

However, Acas considers written confirmation good practice.

A suspension letter or email would commonly explain:

• Why You have been suspended
• That Suspension is not disciplinary action
• Your Pay and benefits
• Restrictions applying during suspension
• Who You can contact
• What Happens next

Your employer should also follow any suspension procedure contained in its own policies.

Can I Challenge My Suspension?

Yes.

If you believe your suspension is:

• Unnecessary
• Disproportionate
• Being handled unfairly

you can raise your concerns with your employer.

It is usually sensible to raise the issue informally first.

For example, you might ask:

• Why Suspension is necessary
• Whether Alternatives were considered
• When It will be reviewed
• Whether Particular restrictions can be changed

If this does not resolve the issue, you may consider raising a formal Grievance at Work.

Your employer can nevertheless decide that the suspension should continue if it reasonably believes that it remains necessary.

Can I Apply to Court to Stop a Suspension?

Potentially, although this is unusual.

In some cases an employee may consider seeking an injunction from the civil courts.

This is more likely to arise where:

• Suspension appears to breach an express contractual right
• Continuing suspension threatens serious professional damage
• The Employee occupies a specialist professional position

Applications for injunctions can be:

• Complex
• Urgent
• Expensive

The precise contractual position and potential damage would need careful consideration.

Can My Employer Tell Other Employees That I Have Been Suspended?

Sometimes it may be necessary to tell particular people that you are absent or suspended.

However, both the employer and employee should generally keep the suspension confidential wherever reasonably possible.

Current Acas guidance recommends that the employer and suspended employee discuss what should be communicated to colleagues.

The employer should not unnecessarily disclose:

• Personal information
• Confidential allegations
• Sensitive investigation material

It should also avoid wording that suggests guilt has already been established.

For example, there is an important difference between saying:

"The employee has been suspended while an investigation takes place"

and announcing that the employee committed the alleged misconduct before the investigation has concluded.

The employer must also comply with applicable data protection obligations.

Can I Contact Colleagues During Suspension?

Your employer may ask you not to discuss the investigation with colleagues.

This can be reasonable where necessary to:

• Protect confidentiality
• Prevent witnesses influencing each other
• Preserve the investigation

You should take any reasonable instruction seriously.

Deliberately breaching a lawful and reasonable restriction could potentially create a separate disciplinary issue.

However, a blanket prohibition on all contact with everyone at work will not necessarily be appropriate in every case.

You may reasonably need to speak to someone for another legitimate reason.

For example, you may need to communicate with:

• Your Trade union representative
• Your Workplace representative
• A Companion
• A Relevant colleague when preparing your response

Your employer should take a reasonable approach where contact is genuinely necessary for you to respond fairly to allegations.

Can I Attend Investigation or Disciplinary Meetings While Suspended?

Yes.

Suspension does not prevent your employer from requiring you to participate in its investigation.

You may be asked to attend:

• Investigation meetings
• Occupational health appointments where relevant
• Disciplinary hearings

An employer should normally give reasonable notice of an investigation meeting.

There is generally no statutory right to be accompanied at a purely investigatory meeting, although:

• The Employer's policy may allow it
• The Employer may agree to it
• It may be appropriate as a reasonable adjustment

If you are invited to a formal disciplinary hearing that could result in disciplinary action, you will normally have the statutory right to request accompaniment by an appropriate:

• Work colleague
• Trade union representative
• Trade union official

Can I Go on Holiday While Suspended?

Yes, but you should request annual leave in the normal way.

Your employer can potentially refuse the request if it reasonably needs you to remain available for:

• Investigation meetings
• Disciplinary hearings
• Other necessary investigation steps

Your employer should nevertheless follow the normal holiday rules.

Suspension itself does not remove your statutory annual-leave rights.

Can My Employer Cancel Holiday I Had Already Booked?

Potentially.

An employer can cancel approved statutory annual leave if it gives the required notice, unless a relevant agreement provides different rules.

Under the general statutory rule, the employer must normally give notice of at least:

The length of the leave being cancelled plus 1 day

For example, if you had booked 10 days' leave, the employer would normally need to provide at least 11 days' notice of cancellation.

The employment contract may contain different valid notice arrangements.

The employer should also act reasonably, particularly where cancellation could cause significant financial loss or disruption.

Can My Employer End My Suspension at Any Time?

Yes.

Because suspension is intended to be temporary, your employer can normally bring it to an end once it is no longer necessary.

You should generally remain reasonably available to return to work unless:

• You Are on approved annual leave
• You Are legitimately absent for another reason
• Another arrangement has been agreed

If the investigation concludes that there is no case requiring disciplinary action, the suspension should normally end as soon as possible.

Your employer should then discuss matters such as:

• Your Return date
• What Will be communicated to colleagues
• Any Support you require

Can I Be Suspended on Medical Grounds?

Yes, but medical suspension is legally different from suspension during a disciplinary investigation.

An employer can suspend an employee from work on medical grounds where continuing work would place the employee's health and safety in danger in circumstances covered by the statutory rules.

Examples can include exposure to:

• Hazardous chemicals
• Lead
• Certain dangerous substances
• Other relevant workplace health risks

A separate category of suspension can also apply for maternity-related health and safety reasons.

What Should My Employer Do Before Medical Suspension?

The employer should review the relevant workplace risk assessment before deciding to suspend you.

Where the issue concerns pregnancy, recent childbirth or breastfeeding, additional rules apply.

The employer should generally consider, in sequence where applicable:

• Removing or controlling the risk
• Temporarily adjusting working conditions or hours
• Offering suitable alternative work
• Suspending on full pay if the risk cannot otherwise be removed

Medical suspension should therefore not automatically be the first option.

Am I Paid During Medical Suspension?

An employee who qualifies for statutory medical suspension pay can be entitled to normal pay for up to 26 weeks.

You normally need to have been continuously employed for at least one month.

Normal pay can include relevant bonuses in accordance with the statutory calculation.

Medical suspension pay is separate from Statutory Sick Pay.

You do not need to be medically signed off as sick merely because you are suspended for statutory health and safety reasons.

When Could I Lose Medical Suspension Pay?

You may lose the statutory right to medical suspension pay in circumstances including where you:

• Unreasonably refuse suitable alternative work
• Are Not available when required for suitable alternative work

The statutory right also does not apply in the same way to every type of worker.

For example, independent contractors and agency workers do not generally have the same statutory medical suspension payment entitlement.

What if My Suspension is Affecting My Reputation?

Suspension can have a serious practical impact, particularly for:

• Senior executives
• Regulated professionals
• Client-facing employees
• People working in small specialist sectors

However, suspension should not be presented as a finding of wrongdoing.

An employer should take care with:

• Internal announcements
• Customer communications
• Reference information
• Regulatory communications

Where appropriate, the employee and employer can discuss neutral wording explaining the temporary absence.

If the investigation ultimately results in no further action, it is also good practice for the employer to confirm that outcome appropriately.

Taking Advice During Suspension

Being suspended does not necessarily mean that you will ultimately be disciplined or dismissed.

Possible outcomes of an investigation include:

• No Further action
• Informal action
• Formal disciplinary proceedings

However, where serious allegations are involved, suspension can have important consequences for:

• Employment
• Professional reputation
• Future references
• Regulatory matters
• Bonus or equity rights

If the relationship is unlikely to continue, the parties may also explore a negotiated exit through a Settlement Agreement.

For further guidance on potential reference consequences, see Job References.

Where suspension is being challenged or serious disciplinary allegations are likely to follow, it is sensible to understand your position before making important decisions such as resigning or responding formally to the allegations.