It is generally permitted for your employer to suspend you from work with pay for a short period of time whilst they investigate an allegation of misconduct or some other disciplinary issue.
However there are some restrictions on when and how an employer can suspend you and what they should do whilst you are suspended. The key points to note are:
1.You should only be suspended if it is appropriate to do so in the circumstances.
This means that the Employer must have sufficient grounds to justify suspending you. There must be an allegation of serious misconduct, or a risk to the business or a risk to the integrity of the investigation if you remain at work. For example there is an allegation that you have bullied a colleague and the Employer is concerned that employees may feel intimidated if you are there when they are being asked questions about the allegations.
On the other hand, if the allegation is that you failed to follow an internal procedure this would not justify your suspension and it could be a breach of contract by the Employer.
If you are unsure if your suspension is fair then it is recommended that you seek advice about your specific circumstances. You should act quickly to reduce the period of your suspension.
2. You should be paid during your suspension
Unless it states anything differently in your employment contract you are entitled to be paid during a period of suspension.
If you are paid by a combination of salary and commission the position regarding your suspension will be different and you may be able to argue that it is unlawful to suspend you, and that you should receive a payment equivalent to what you would have earned rather than basic salary.
All of your employment rights remain whilst you are suspended, for example you continue to accrue holiday.
3. Suspension should not be used as a punishment
Unless your Contract states that you can be suspended, it should not be used as a form of punishment for disciplinary issues.
4. Your suspension should be for a limited period & should be reviewed regularly
It is not fair or reasonable to keep you suspended from work for an indefinite period of time. Your suspension should be for as little time as possible, and the Employer should not delay in investigating the allegations for which you have been suspended.
Whilst you are suspended the Employer should regularly review the decision to suspend you. This means that they must look at the situation and assess if it is still reasonable for you to be suspended in the circumstances.
What you can do?
If you have been suspended unreasonably or for an unreasonable period of time you should write to your Employer putting them on notice and requesting that you return to work. If they do not respond or refuse to re-instate you then the next step would be to raise a formal grievance.
For information on raising a grievance see the Grievances section of the website.
If after raising a grievance you still do not have a resolution to the issue then your next action will be to pursue a claim in the Employment Tribunal.
Suspension Help
If you are not sure what you should do next or what to put in your letter to your employer we have created a new DIY Toolkit for employees who have been suspended and you can download documents and guidance for just ÂŁ36.00. You can purchase your copy here: Click Here
The documents included are:
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Please note that if you are leaving a comment on the website it will be public and can be viewed by anyone visiting the page.
If you want some help with your case and you want to keep it confidential you can email me: alison@realemploymentlawadvice.co.uk and I will reply directly.
Please note that any responses left for comments are for general information only and not specific advice about your case. It is always advisable to seek specific one to one advice about your case before acting. The information and any responses to comments is based on the Law of England and Wales only, we cannot advise on any other country’s law.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
168 Responses
Hi I’m a machine operator iv been employed with my company am shur now over 2 years iv been running a machine over 8 months on minimum wage which I no isent right keep been told it’ dosent come under that and now ther looking at it enny way iv just been spended today till further notice I left yesterday I walkd out becos three days on the trot my machine has been left in a complete mess leaving me to clean up which I find absolutely a disgrace so I told a shop floor manager I wasent gowing to do it agen as am sick ov it I’m clocking out which I did I returned this morning my machine was in better condition left nearly how I would leave it tidy and ready for use before I was told I have to be escorted of the premises becos I’m being suspend with full pay till further notice I left with no drama but feel I’m being victimised and punished for standing my own and not being taken for granted what can I do were do I stand
Hi Mike
I recommend that you put your concerns about what happened prior to your suspension in writing detailing exactly what happened at work and who you raised the issues with. You should then send this to your employer with a letter stating that you wish to raise a formal grievance about the situation and your subsequent suspension.
I would also ask in the letter for written reasons for your suspension. Suspension should be used only where really necessary to investigate and based on what you have said it is difficult to establish exactly why they have suspended you.
If you would like to have a free telephone discussion about your case you can contact me on 023 8098 2006.
Kind regards
Alison
But me I hv been suspended from work as a result I ask permission to go leave in a one day ‘ they give me suspension with out notice .now iam at home for a week with out going any where. I already ask for apology the did not respond to me .what can I do ?
I recommend that you write to your employer formally requesting confirmation that you are now able to return to work. If they do not respond then whether you have a legal basis of claim will depend on how long you have been employed for and/or the circumstances of your suspension. If you would like specific advice please contact me on 023 80982006.
Hi I was suspended from work 4 weeks ago as someone said I was smoking outside the shelter first it was a black haired girl then blonde I have neither there is 3 witness statements to say it wasn’t me they supposedly ad video evidence but still not been produced as they don’t have it as it wasn’t me I need to go bck to work what can I do
Hi Rebecca
Thank you for your comment and I am sorry to hear that you have been suspended for so long.
Based on the allegation you have described I would say that your employer has no justification for suspending you from work and particularly not for this long. I would recommend that you write to your employer formally requesting to return to work and stating that it is unreasonable to 1) suspend you in the first instance and 2) keep you suspended for this long.
If you have been employed for more than two years you may have a claim for constructive dismissal if your employer refuses to allow you to return to work.
If you would like to discuss your specific case or would like some help with wording a letter please do not hesitate to contact me directly 023 8098 2006.
Kind regards
Alison
I my brother is a binman he fell at home and damaged his shoulder the company suspended him on full pay,now they are saying there is no job ,they say he has a few months left on full pay then he will have to sign on,I don’t think this is right he has been with the company over 40 years where does he stand
Dear Ivor
Thank you for your comment. You are correct in your comment that your brother should not be automatically dismissed because he is off sick.
His employer may be able to fairly dismiss him if he is going to be unfit for a long time or indefinitely but they must go through a fair procedure first. If your brother’s employment has been terminated then please contact me to discuss.
Alternatively your brother’s employer may be referring to the fact that his statutory sick pay will be coming to an end and he will need to apply to the Jobcentre for Employment Support Allowance (ESA). If this is the case he will still be employed. You can find more information about ESA here: https://www.gov.uk/employment-support-allowance/overview
If you would like to discuss further please contact me on 023 8098 2006.
Kind regards
Alison
Hi I fee been suspended at work bcs someone open the money bag a stole some of money in the bag that I was caging in a put in the safe.now the incident happen was me and the manager used the safety now they been pointong me in the shop on safety area there is no camera so I think he framed me.now I’m suspended without paid.until they get full evidence that is not me who stole the money.I need my money as I’m a single parent and I think over been treated unfairly bcs of my race while I was not the only one who touch the safety.
Hi Slie
Thank you for your comment and I am sorry to hear that you have been suspended from work.
Given the allegation and issue described your employer may have grounds for justifying your suspension whilst the issue is investigated. However your suspension should be for no longer than is necessary to investigate the issue, and should be reviewed regularly.
Unless the terms of your employment contract state otherwise you should be paid as normal during suspension.
I recommend that you put your concerns in writing to your employer and if necessary raise a formal grievance about your treatment stating the reasons why you consider it to be discrimination.
If you would like to discuss your specific case or would like some help with wording a grievance or letter please do not hesitate to contact me directly 023 8098 2006.
Kind regards
Alison
I have worked for a home care company for two years.Clients ask for me personally.I have been suspended because the company has had an anonymous phone call saying that I talk about my clients to other people. I am a single parent and only work 16 hours a week and have not been told how long I am suspended for.Please help.
Hi J.Burnett
Thank you for your comment. The first thing is that you should still receive full pay whilst suspended. I would recommend that if you have not already done so that you contact your employer in writing stating that it is not acceptable to keep you suspended with no information for this length of time and that you request you be allowed to return to work or hear from them with regards to the investigation asap.
I would be happy to chat through with you about your specific case if you wish and can be contacted on 023 8098 2006.
Kind regards
Alison
Hi I’ve been suspended indefinitely for not wearing fall protection on a lower roof this happened on Friday and they said that they would let me know when I would be able to return to work either Monday or Tuesday. It’s Tuesday and I have heard nothing from them. I’ve tried calling and text messaging my bosses and no response. Is there anything I could do regarding figuring out how long I’m suspended. Is it ok for them to keep me in the dark like this.
Hi Rafael
Thank you for your comment. I would recommend that you write to your employer formally stating that you would like a response as to when you can return to work asap.
If you do not hear back from them what you can do next will depend on how long you have been employed for and whether you have an employment contract.
I would be very happy to discuss your particular circumstances please do not hesitate to contact me for an initial free telephone call on 023 8098 2006.
Kind regards
Alison
Hi,my son in law has been suspended from work with pay for seven days,does this mean he will loose his job?
Thank you for your comment Bev
Although your son has been suspended for 7 days it is not necessarily an indication that he will be dismissed. It will depend on the allegation, evidence and what the Employer decides.
If your son is still suspended and has no news about the disciplinary investigation I recommend that you write to his employer asking for a timescale for completion.
If you would like to discuss his specific case I can be contacted on 023 8098 2006.
Dear Bev
Thank you for your comment. I am sorry to hear what has happened to your son-in-law. Although he has been suspended it does not automatically mean he will lose his job.
If he is still suspended please feel free to call me on 023 8098 2006 and we can discuss in more detail.
Kind regards
Alison
I have been suspended from work ,,I was not told y ,, on the first of October. I went to work I was 42 mins late ,, when enter the building. Senior on duty said to me I’m late ,,I said I’know but I miss the bus ,, she told me y I did not find a phone boot I told her I was thinking how to get to work ,, I said to her Is not your responsible to call and find out where I’m. The senior said to me I don’t like u ,, I find u rather rude ..I said to her if u carry speaking to me like this I’m going to leave .. she open the main door and told me to get out .. I work my shift with her at one occasion. She had her fist to my face ,, I went on sick after for 2 weeks with stress ,, when I went to work my manager ask what happen that day. , I told her .. she told me that I should carry on Workig ..shes is going talk to head office 2 mins later she told I was suspended
Hi Marcia
I am sorry to hear what has happened at work. Given the behaviour you have described I would recommend that you raise a formal grievance about the treatment and also that you write to your employer to ask for written reasons for your suspension and a timescale for your return.
From what you have said it does not seem a reasonable response to suspend you.
If you want to discuss the specific detail of your case I would be happy to do so, please contact me on 023 8098 2006.
Kind regards
Alison
Hi I’ve been suspended from work with pay but boss refuses to tell me why I was put on suspension in the state of Fl is it legal NOT to tell me why?
Dear Christi
I am very sorry to hear what has happened. It sounds as though you live and work outside of the UK. Unfortunately I can only advise on the law of England & Wales. If you have concerns about your treatment I recommend you get advice from a local lawyer.
Best regards
Alison
I have been suspended from work for missing a mandatory meeting I am a waitress at night nurse by day I was working my nursing job the day of the meeting which is already not a day that I’m not allowed to be scheduled and I’ve been suspended for a week what can I do
Dear Tanya
It sounds as though you have been treated unfairly by your employer and it certainly does not seem justification for suspending you.
I recommend that you raise a formal written grievance about your suspension and try to resolve internally. If you do not get anywhere with your employer then please give me a call and we can discuss your options in more detail 023 8098 2006.
Kind regards
Alison
Hi. I work in a school kitchen which is run by a separate company. (My son goes there) I have been suspended since 14th march 2016! With very little communication from HR. I haven’t had any investigation or heard anything about a disciplinary
I was due to return to work from work related stress, to be told the friday before starting back I couldn’t go back on school premises so I was suspended with pay.
I had a meeting which I thought was to tell me why I was suspended but my HR and area manager told me the school wouldn’t tell them why!
(Later I found out they lied in the meeting as they did know why!
There was a small incident with my son at home in December resulting in him been a little upset and told a teacher and as they do due to their job they rang social services. (He came home the same day) No charges against me….. I later found out I cant go back on school premises cause they are safeguarding a child and had a complaint from staff. (The staff that bully me!) They cant use safeguarding a child as an excuse when nothing became of it and he is at home with me!!!!!??? Its all a conspiracy and I feel like they are going to get away with it as I feel my union isn’t doing enough.
Dear Rochelle
Thank you for your comment and I am sorry to hear what has happened.
I am surprised that you have been suspended for so long with no communication to try to resolve matters.
Given the environment in which you work it is likely to be easier for your employer to justify suspension than perhaps other locations, however they still have an obligation to deal with matters in a timely manner.
I would recommend that you raise a formal written grievance about your treatment and emphasise the effect the uncertainty is having on you.
If you would like to discuss your specific circumstances please contact me 023 8098 2006.
Kind regards
Alison
I have worked for my firm for 12 years,now I only work one whole day a week, I had a telephone call from my manager Friday night at 5 o’clock saying that I have been suspended full pay on allegation has been made about safeguarding child issue , I asked if she could tell me why or at least what I have what the allegation was , her answer was that I would have to phone the area manager,which I did so Area manager would not tell me over the phone said she could not tell me over the phone and that I would have to wait to have a meeting when I came back from holiday which the holiday was going to start on the Monday so I have no information of what I’ve supposed to have done wrong can they do that to me thanks
Dear Betty
Thank you for your comment.
Your employer should provide you with the reason for your suspension when they suspend you, however they could argue that they have given you the reason, being ‘child safeguarding’ and that the detail will follow. This of course does not help you especially when you are going on holiday.
I recommend you send them an email stating what happened in your telephone calls and asking for written reasons for your suspension. You should state that this is extremely worrying for you, particularly as you are going on holiday.
I would be happy to provide you with more specific advice. Please contact me on 023 8098 2006 to discuss.
Kind regards
Alison
Hi a similar thing has happened to me , I have been suspended two days before I went on holiday, they told me that it was due to a customer complaint. But I don’t recall having any issues with any customers, my employer is a concession within a department store, now the department store suspended me took my card and my employer says they don’t know anymore info , my question is , if I’m told I’m suspended due to a customer complaint, then is that the real reason? Or can they lie and the issue could be something else ?
Dear Ryan
Thank you for your comment.
In answer to your question, your employer could lie about the reason for suspending you, however if they do and you later find out about this, you may have a potential claim for constructive unfair dismissal as it would be a breach of trust and confidence for them to lie and mislead you.
I recommend that you write to your employer to ask for confirmation of the reason for your suspension and more information about why they feel that it is justification to suspend you.
If you would like additional guidance on suspension and template letters for you to use you can purchase our new suspension toolkit here http://www.realemploymentlawadvice.co.uk/product/essential-suspension-documents-guidance/ for ÂŁ36.
Alternatively if you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk
Kind regards
Alison
I have been working in airport about one year
Last Monday September 26th I was driving a car inside the airport and no body was in my car.Accidentally I broke a moving sidewalk switched. And immediately I called my manager and told him what happened . He came in and told me write a witness about it. After that he took my badge and suspended me and also said me I have to do a drug test again and he will call me after he got the result.
September 27morning I did my drug test and September 28 I called my drug test lab they said they send it already to my work place.
After that I called my manager he said he will call me after reviewing all this.
I text him he said he will get back soon
It’s been 7days he don’t said nothing.
I just want to know are they planning to fire me at job?
And in suspension are they gonna pay me?
And what should I have to do now?
Please help me I don’t know what I have to do?
Dear Fahmida
Thank you for your comment. I am sorry to hear what has happened. I recommend that you write to your employer formally requesting information about your suspension and pay.
Your employer should provide you with details of the reason for your suspension in writing and the likely length of suspension or review period. I would emphasise in your correspondence that it is stressful for you.
Once you have further information about the allegation and any disciplinary action then please feel free to contact me again to discuss your specific case. 023 8098 2006.
Kind regards
Alison
My son has been suspended (with pay) from his call-centre work for terminating a call with an irate customer who was screaming at him (my son forgot the procedure to ‘inform the customer he would terminate the call if he (the customer) continued to scream down the phone’ at him). His Line Manager and another Manager held a meeting with him, played back the phone call to him and suspended him pending investigation (my son didn’t swear or display any anger, etc., during the phone call and did attempt to calm the customer down and was continually trying to get the customers attention by saying “sir, sir” to get him to stop screaming before he just terminated the call – so no swearing, etc., he just ended the call). It’s now week 3 and my son is still on suspension and has, to date, received no further information on his suspension, the procedure involved, any possible outcome, etc., and I think the situation is being handled unfairly and unreasonably. He has to call his Line Manager on Monday’s and Friday’s in order to continue being paid and is being offered no further information on his suspension during these phone calls. I have ask my son today (being a Monday) to ask his Line Manager what is going on and if he doesn’t receive a satisfactory reply, he’s to ask if he should approach H.R. for help/advice as he feels it’s taking too long. I’d really welcome any advice you can offer.
Thank you for your comment.
Given what you have described I can see no justification for suspending your son, the issue appears clear and any investigation required minimal. It is certainly excessive to suspend him for 3 weeks to ‘investigate’ this issue.
I recommend that your son raise the matter formally in writing with a more senior manager and copy in HR. He should emphasise that suspension should only be used when reasonable to investigate an issue, and that it should be for a period no longer than is necessary. He should also request he is allowed to return to work immediately.
I would also advise that you obtain a copy of his employment contract and the Company Handbook.
If you do not get any response to the letter it may be that you need to consider more formal action.
Please do not hesitate to contact me if you would like to discuss. I can be contacted on 023 8098 2006.
Kind regards
Alison
Thank you very much for you comments Alison. I shall pass these on quickly to my son as his employer has told him he’s being called into a disciplinary hearing on Monday for “gross misconduct”. I may well be in touch with.
My sincere thanks again for your time and advice.
Thank you for the great advice. I have a recent situation at work where my director called me 2 weeks ago for an urgent meeting and informed me of being sent home with pay. He indicated that there are serious allegations against me which he did not tell. I have checked with an attorney who advised me to send him a letter inquiring about those allegations. I was cut from every access to my email at work and to my office cell phone. it is almost 12 days now. Would you please advise me what comes next. My question here: Are they preparing me for firing from my job? I have been with them for over 9 years with an excellent record. Please advise. Regards…
Many thanks for your comment.
The first thing I must state is that I can only advise you on the law of England and Wales, if you work anywhere else in the world it is necessary to seek advice from a local lawyer.
I cannot say with certainty if the reason for your employers behaviour is that they are going to dismiss you from your employment. It is possible that they are building a case against you whilst you are suspended.
On a practical level I would continue to correspond with your employer emphasising how the process is making you feel and urging them to communicate with you.
If you are located in England or Wales do give me a call for a fuller discussion on your specific case. 023 982006.
Kind regards
Alison
I have been suspended now for 2 weeks following allegations of unprofessional behaviour, which i have owned upto in a previous meeting before being suspended. What i did was wrong but was in retaliation to a prank played on me by my peers, they have not been suspended or investigated for what they did, i have also been demoted whilst the investigation continues.
Dear Ben
Thank you for your comment. I am sorry to hear what has happened.
It does not seem appropriate or reasonable to suspend you for the allegations raised especially if you have already accepted what happened. I recommend that you write to your employer asking to return to work or for written reasons why your suspension is continuing.
If your employer does not respond or refuses to allow you to return to work you should consider raising a formal grievance.
I would be happy to discuss your particular case on the telephone and offer a free initial telephone call. Please do not hesitate to contact me on 023 8098 2006.
Kind regards
Alison
I was suspended last week for 1 week for not replying to an email in a timely manner. I was yelled at, verbally abused, and kicked out of the building in front of my entire department and peers. I was escorted out. I was not asked to sign no type of paperwork nor ever given a warning. Is this proper procedure?
Dear Gaby
Thank you for your comment and I am sorry to hear the way you have been treated.
It certainly does not seem a reasonable reason for suspending you or appropriate behaviour. I would urge you to contact your employer in writing raising a formal grievance about your treatment.
I am happy to assist you further and discuss your case if you want to contact me on 023 8098 2006.
Kind regards
Alison
Hi Alison, I have been suspended from my job today. My boss has not explained at all why I have been. The situation was that there were two of us in the office and I was on my hour lunch break. During that hour I had to go home as my water was leaking. My fellow colleague insisted that he would walk with me after I did say it’s probably best that he doesn’t. I am not his manager or anything like that but for some reason I am the one being suspended? I am on my months notice and believe he has done this to get rid of me as I have a couple of weeks holiday pay coming up. My question is was this an unfair suspension and what can I do? He is going to call me in for a meeting next week.
Thanks
Hi John
Thank you for your comment. It seems to me from what you have said that you have been suspended after giving your notice to leave your employment. If this is the case you should continue to receive payment until the end of your notice and a payment in lieu of any accrued but not taken holiday.
If your employer dismisses you before the expiry of your notice you may have a claim for the remainder of your notice pay and for the holiday accrued.
I would recommend that we have a discussion about the specifics of your case when you receive notification of the meeting. You can contact me on 023 8098 2006.
Kind regards
Alison
I was previously suspended in December 2015 and won an appeal for unfair dismissal in April, I was off with work related stress and then requested to return to work. When I returned I was instantly suspended for an incident that occurred 2 years previously. I have now been suspended for over 4 months.
Hi Sarah
Thank you for your comment. What you have described would certainly be unreasonable and a breach of your employers obligation to you. If you have not already done so I recommend that you raise a formal grievance in writing about your treatment and continued suspension.
Depending upon the outcome or response from your employer you may have a claim for constructive unfair dismissal. Before you resign or take any action I recommend you get some specific advice about your situation.
I would be happy to discuss with you if you want to contact me on 023 8098 2006.
Kind regards
Alison
My son was suspended from work 2 weeks ago after a customer complained he was rude to her when in fact she was the one being rude and as no witnesses they suspended he attended a meeting last week where it was explained if he resigns that would be the end of the matter but if he stays it will go to a disciplinary which could go either way he has explained he was not rude can you please