A Guide To Suspending An Employee

This comprehensive guide covers everything you need to know about employee suspension in the UK, including when it’s appropriate, the legal requirements, and best practices for managing the process. We’ll walk you through the decision-making framework, practical alternatives to suspension, and how to support employees throughout the process. You’ll also find detailed information about employee rights during suspension, including pay entitlements, sick leave options, and the return-to-work process.

Key Takeaways

• Suspension should only be used as a last resort when there are no reasonable alternatives available.
• Employees should continue to receive full pay and benefits during suspension.
• There is no maximum time limit for suspension, but it should be as brief as possible and regularly reviewed.
• Suspended employees can take sick leave and retain their right to full pay during suspension.
• You must have reasonable grounds for suspension and consider alternatives before implementing it.
• Regular communication and mental health support are essential throughout the suspension period.

Understanding Employee Suspension

Employee suspension occurs when you temporarily remove an employee from the workplace whilst they remain employed under their contract. It’s important to understand that suspension is not a punishment or disciplinary action in itself, but rather a precautionary measure that allows you to conduct fair investigations or protect your business, employees, or the individual concerned.

As a business owner, you might find yourself in situations where suspension becomes necessary, and we understand this can be challenging both for you and your employee. The key is ensuring you handle the process fairly, legally, and with empathy for all parties involved.

When Suspending An Employee Is Appropriate

Before considering suspension, you should gather initial information about what’s happened, who’s involved, and how serious the situation might be. Suspension should only be considered when you reasonably believe it would protect:

• The investigation – preventing interference with witnesses or evidence tampering
• Your business – avoiding damage to customers, property, or commercial interests
• Other employees – protecting staff from potential harm
• The individual being investigated – for their own protection

Specific Scenarios Where Suspension May Be Justified

Serious Misconduct Allegations: When there are allegations of gross misconduct such as theft, fraud, violence, or harassment that could pose ongoing risks. However, not all misconduct warrants suspension – for instance, failing to follow an internal procedure would typically not justify suspension.

Investigation Integrity: When the employee’s presence might compromise the investigation through witness intimidation or evidence destruction. This is particularly relevant in cases where the employee has access to sensitive information or holds a position of authority.

Business Protection: When continued presence poses genuine risks to customers, suppliers, or business operations. This might include situations involving regulatory breaches or potential reputational damage.

Medical or Safety Reasons: For health and safety concerns, you can suspend employees for up to 26 weeks on full pay if they’ve been employed for at least one month. This includes pregnancy-related suspensions when workplace risks cannot be mitigated through reasonable adjustments.

Legal Framework and Your Obligations

Contractual Considerations

The strength of your legal position depends largely on whether your employment contracts include an express right to suspend. If you don’t have clear contractual provisions, you risk facing breach of contract claims, particularly where employees have an implied right to work (such as commission-based roles).

We recommend ensuring your employment contracts include clear suspension clauses that specify the circumstances under which suspension may occur and confirm that employees will receive full pay during such periods.

Pay and Benefits During Suspension

Suspended employees are entitled to their full salary and all contractual benefits. This includes bonuses, pension contributions, and other employee perks (such as gym membership etc).

How Long Can You Suspend Someone?

There is no legal minimum or maximum time limit for suspension. However, ACAS guidance emphasises that any suspension should be “as short a time as possible” and kept under regular review. Best practice suggests reviewing suspensions frequently to assess whether they remain necessary.

Prolonged suspensions increase the risk of:

• Mental health impacts on the employee
• Breach of the implied duty of trust and confidence
• Constructive dismissal claims
• Operational costs and disruption to your business

Alternatives to Suspension

Before deciding to suspend, you must consider whether reasonable alternatives could address your concerns. These might include:

• Temporary role changes – moving the employee to a different department or location
• Modified working arrangements – changing shifts, working from home, or adjusting responsibilities
• Restricted access – limiting system access or customer contact whilst maintaining other duties
• Additional supervision – providing closer oversight during the investigation period

The suitability of alternatives depends on the specific circumstances, including the nature of the allegations and the employee’s role within your organisation.

The Suspension Process

Making the Decision

You should document your decision-making process, considering:

• The seriousness of the allegations or concerns
• The potential risks if suspension is not implemented
• The employee’s wellbeing and the impact suspension might have
• Whether reasonable alternatives exist

Communicating the Suspension

Initial Notification: Tell the employee about the suspension as soon as possible, preferably face-to-face or via video call to handle the matter sensitively. This allows you to answer immediate questions and assess whether they need immediate support.

Written Confirmation: While not legally required, written confirmation is best practice. Your suspension letter should include:

• Clear reasons for the suspension
• Confirmation that suspension doesn’t imply wrongdoing
• Expected duration and review arrangements
• Pay and benefits continuation
• Contact person during suspension
• Available support resources
• Any restrictions or responsibilities

Information Disclosure

You must balance the need for confidentiality with supporting the suspended employee and ensuring fair procedures. Generally, it’s best to tell the person as much as possible about what the investigation involves and why they’re suspended, whilst respecting any confidentiality requirements.

Employee Rights During Suspension

Pay and Benefits Entitlements

Suspended employees retain all their employment rights. This includes:

• Full salary
• Annual leave accrual and the right to request holiday
• Pension contributions and other benefits
• The right to raise grievances

Can Employees Go Off Sick Whilst Suspended?

Yes, employees can take sick leave during suspension, and this can create complex pay situations.

Usually this means:

• You must continue paying full salary during suspension, even if the employee becomes sick rather than reverting to statutory sick pay rates
• The employee should follow normal sickness reporting procedures
• Medical evidence requirements remain the same as for non-suspended employees

If Employees Disagree with Suspension

Employees who believe their suspension is unreasonable can:

• Raise the matter informally with their manager
• Submit formal grievances through your established procedures
• Potentially claim constructive dismissal if they resign due to unreasonable suspension

Supporting Employees During Suspension

Your Duty of Care

You have a legal duty of care to support suspended employees and look out for their wellbeing. Suspension can significantly impact mental health, potentially leading to new problems or exacerbating existing conditions.

Practical Support Measures

Regular Communication: Maintain regular contact throughout the suspension, providing updates on investigation progress and timelines. This helps reduce anxiety and demonstrates that the process is moving forward.

Mental Health Support: Make employees aware of available support services, which might include:

• Employee assistance programmes (EAPs)
• Mental health champions or support networks
• External helplines and resources
• GP or counselling services

Clear Expectations: Ensure suspended employees understand their responsibilities during suspension, such as remaining available to return to work and maintaining confidentiality where appropriate.

Returning to Work After Suspension

Planning the Return

When investigations conclude, you need to manage the return-to-work process carefully. This involves:

Clear Communication: Discuss any concerns about returning to work and agree on what to tell colleagues about the absence. Transparency about expectations going forward is crucial for rebuilding trust.

Phased Return Plans: Consider whether a gradual return might be appropriate, particularly after lengthy suspensions. This might involve reduced hours initially, additional training, or modified responsibilities.

Support Mechanisms: Ensure ongoing support is available as the employee re-adjusts to the workplace. This might include regular check-ins with managers or access to mentoring programmes.

When No Fault Is Found

If investigations conclude that no wrong-doing occurred, you should:

• Thank the employee for their co-operation during the process
• Provide clear confirmation that they’ve been cleared of all allegations
• Document the investigation results appropriately
• Consider any additional support needed to help them readjust

Legal Risks and Compliance

Potential Claims

Improper suspension can lead to various legal challenges:

Constructive Dismissal: If an employee resigns due to unreasonable suspension, they may claim constructive dismissal. This is particularly risky if you don’t have clear contractual rights to suspend or if the suspension is disproportionate to the circumstances.

Breach of Contract: Especially where no contractual right to suspend exists or where you fail to follow contractual procedures.

Discrimination Claims: If suspension decisions appear inconsistent or based on protected characteristics.

Unlawful Deduction from Wages: If you fail to maintain proper pay during suspension.

Best Practices for Compliance

• Document everything: Keep detailed records of your decision-making process and all communications
• Follow ACAS guidance: Ensure your procedures align with current best practice recommendations
• Ensure consistency: Apply suspension decisions fairly across all employees
• Provide adequate support: Maintain regular contact and offer mental health resources
• Review regularly: Assess whether suspension remains necessary and lift it as soon as possible

Your Next Steps

Navigating employee suspension requires careful consideration of legal requirements, practical alternatives, and the human impact on all involved. We understand that these situations can be stressful and complex, but with the right approach, you can manage them fairly and effectively whilst protecting both your business and your employees’ wellbeing.

At Norton Loxley, we specialise in helping UK businesses navigate complex employment challenges like employee suspension. Our experienced team understands the legal requirements and practical considerations involved in these sensitive situations. Whether you need guidance on suspension procedures, support with investigations, or help developing robust employment policies, we’re here to provide the expert advice you need.

Don’t navigate these challenges alone. Contact Norton Loxley today to discuss how we can support your business with professional, practical employment law guidance that protects both your interests and those of your employees. Let us help you build confidence in your HR processes and ensure you’re always acting within the law.

Frequently Asked Questions

How long can an employee be suspended from work pending investigation?

There is no legal maximum time limit for suspension, but it should be as brief as possible. Best practice suggests reviewing suspensions frequently to ensure they remain necessary. The duration depends on the complexity of the investigation, but prolonged suspensions increase legal risks and employee wellbeing concerns.

Can an employee be suspended from work without being told why?

No, you should explain the reasons for suspension to the employee. While there are no legal rules about how much detail to provide, transparency is generally best practice. You must balance confidentiality needs with supporting the suspended person and ensuring fair procedures.

What are an employee’s rights if suspended from work pending investigation?

During suspension, an employee retains all employment rights including full pay and benefits, annual leave accrual, the right to raise grievances, and access to support services. Employees also have the right to know why they are suspended and receive regular updates on the investigation.

Can an employee go off sick whilst suspended from work?

Yes, employees can take sick leave during suspension. Importantly, if they are suspended on full pay, they should continue receiving their full salary even if they become ill, rather than reverting to statutory sick pay rates. Normal sickness reporting procedures should be followed.

How long can an employee be suspended from work with pay?

There is no maximum time limit, but suspension should be as short as possible and regularly reviewed. For medical suspensions, employees can be suspended for up to 26 weeks on full pay if employed for at least one month.

What happens when an employee returns to work after suspension?

As an employer you should discuss any concerns about returning to work, agree on what to tell colleagues about the employees absence, and may implement a phased return plan. If cleared of allegations, employees should receive confirmation and thanks for their co-operation. Support should be available to help employees re-adjust to the workplace.

Can I suspend and employee without pay?

Generally, suspension should be with full pay to demonstrate it’s not a punishment. Suspending without pay when not contractually permitted could lead to unlawful deduction from wages claims and could enhance the risk of a constructive dismissal claim.

What if an employee thinks their suspension is unfair?

They can raise concerns informally with you (their employer) first, then through formal grievance procedures if necessary. If the suspension is genuinely unreasonable, they might have grounds for constructive dismissal.