Suspending an employee is one of the most sensitive decisions an employer can make. While it may sometimes be necessary during a workplace investigation, suspension should never be viewed as an automatic response or a form of disciplinary action. Instead, it is a temporary measure used only when there is a genuine need to protect the investigation, the business, or those involved.
Suspension is generally appropriate where there are serious allegations of misconduct, such as fraud, violence, or other potential gross misconduct, or by allowing the employee to remain at work it could create a risk to colleagues, clients, company property, or the integrity of the investigation. For example, if there is a concern that evidence could be tampered with or witnesses influenced, suspension may be the most appropriate course of action.
Before making the decision to suspend, employers should always check the employee’s contract of employment and any relevant workplace policies. Suspension should only be used when there is no suitable alternative. In many cases, the risks can be managed by temporarily moving the employee to another department, restricting access to certain systems or clients, or allowing them to work from home while enquiries are carried out.
If suspension is necessary, the employee should be informed in person and the decision explained clearly and sensitively. It is important to emphasise that the suspension is a precaution, not a disciplinary sanction, and that no conclusions have been reached regarding the allegations. Employers should explain why the suspension is considered necessary and give the employee the opportunity to provide their initial response.
The suspension should always be confirmed in writing as soon as possible. The confirmation letter should explain the reasons for the suspension, confirm that the employee will continue to receive their normal contractual pay and benefits, outline any restrictions on contacting colleagues, clients or suppliers, tell them the timescale for review of the suspension and identify a named point of contact who can deal with any work-related questions during the suspension.
Employers should recognise that suspension is stressful for the employee
Throughout the suspension period, employers should remember that the employee remains employed and is entitled to be treated fairly and with dignity. The suspension should remain confidential, with information shared only on a strict need-to-know basis to protect the employee’s reputation and prevent unnecessary workplace gossip. Employers should also signpost employees to any available wellbeing support, such as an Employee Assistance Programme or other mental health resources, recognising that suspension can be a stressful experience.
Finally, suspension should never be allowed to drift indefinitely. Investigations should be carried out promptly, the need for suspension should be reviewed regularly, and the employee should be kept informed of progress wherever possible. Keeping the suspension as brief as circumstances allow not only supports employee wellbeing but also helps reduce the risk of legal claims arising from an unnecessarily prolonged suspension.
Used appropriately, suspension can help employers conduct a fair and thorough investigation while protecting everyone involved.
Employers who use suspension thoughtfully, review it regularly, and communicate openly are more likely to conduct a fair investigation while reducing the risk of grievances, discrimination claims, or breaches of the implied term of mutual trust and confidence.
💡 RELA Tip: Suspension should never be your default response to allegations of misconduct. Taking time to consider alternatives and documenting your reasoning can help protect your investigation and your business if your decision is later challenged.
If you would like any advice or support with suspension at work please do not hesitate to get in touch 01983 897003.
If you have been suspended from work and would like some guidance and documents to support you, you can find the details here: Toolkit for Employees suspended from work: Documents & Guidance
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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