Suspending an employee from work is a step employers often take in situations of misconduct or disciplinary issues, but it can cause wide ranging issues for employees who have been suspended.
While employers may have legitimate reasons to suspend an employee, care must be taken to ensure the decision is lawful, reasonable, and handled fairly.
Equally, employees who are suspended from work continue to have important legal and contractual rights that employers must respect throughout the process.
Suspension occurs when an employee is instructed by their employer not to attend work or carry out their duties for a temporary period. In most cases, suspension takes place while an employer investigates allegations of misconduct, concerns relating to health and safety, safeguarding issues, or situations where the employee’s presence may interfere with an investigation.
Suspension is generally intended to be a neutral act rather than a disciplinary sanction. It should not automatically be viewed as evidence that the employee has done anything wrong.
Employers usually have the right to suspend an employee where there is a genuine and reasonable justification for doing so. This right may be expressly stated within the employee’s contract of employment, disciplinary policy, or staff handbook. Even where there is no express contractual term, employers may still suspend where it is necessary and reasonable in the circumstances. It is important to be reminded that suspending an employee should not be used as a punishment.
Common reasons for suspension include:
Employers are expected to consider whether there are less serious alternatives available to suspending an employee, such as temporary redeployment, adjusted duties, remote working, or supervised working arrangements.
Employers must also ensure that any suspension is carried out fairly and consistently. An unreasonable or unnecessary suspension may breach the implied term of mutual trust and confidence between employer and employee which may leave the employer exposed to a potential employment tribunal claim.
Suspension should be on full pay unless the employment contract clearly allows unpaid suspension in particular circumstances. If an employer suspends an employee without pay where there is no contractual right to do so, this may amount to an unlawful deduction from wages or breach of contract.
Employees who are suspended on full pay generally remain entitled to:
Employees retain significant rights while suspended from work. Employers must remember that suspended employees are still employees and should continue to be treated fairly and professionally.
Employees have the right to be treated with dignity and respect during the suspension process. Employers should avoid treating suspension as a punishment or implying guilt before any investigation has concluded.
Employees should be informed in writing) of the following:
Clear communication helps avoid confusion and reduces unnecessary stress.
Employers should keep suspensions confidential wherever possible.
Disclosure to colleagues or third parties can damage the employee’s reputation and potentially expose the employer to legal risk.
The same applies to employees in that they should be reminded that the matter is confidential and to refrain from discussing it with other colleagues especially if an investigation is ongoing.
A suspension should only last for as long as reasonably necessary. Employers should conduct investigations promptly and avoid prolonged periods of uncertainty.
It is important to remember that excessive delays may undermine trust and confidence and could be viewed as unfair treatment and increasing the risk of a potential claim.
Suspended employees may still access workplace support systems, including employee assistance programmes, occupational health support, or trade union representation where applicable and it is good practice to remind employees of this when they are placed on suspension.
If employers suspend employees without reasonable justification or fail to follow a fair process, they may face legal claims including:
Suspension can be an important tool for employers when dealing with serious workplace issues, but it must be handled reasonably which means carefully and fairly.
Employers should only suspend where there is a legitimate reason, keep the suspension under regular review for a period for no longer as necessary, and ensure employees are treated with dignity throughout the process.
At the same time, employees should understand that suspension does not remove their employment rights. Fair treatment, confidentiality, pay entitlement, and timely investigations remain essential protections whilst suspended from work.
If you have been suspended or are an employer who needs to suspend an employee, then please do not hesitate to get in touch we would be pleased to support you through this.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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