Suspension from Work: Employer's Guide

Suspension is a serious step that requires careful handling. Done poorly, it can lead to legal claims and damage trust.

What Is Suspension?

Suspension is:

• Temporary removal from the workplace
• While investigation takes place
• Usually on full pay
• A neutral act (not punishment)

Key principle: Suspension is to facilitate investigation, not to punish.

When to Consider Suspension

Appropriate Situations

• Serious allegations: Gross misconduct
• Safeguarding: Risk to vulnerable people
• Evidence protection: Risk of tampering
• Witness protection: Risk of intimidation
• Operational necessity: Where continued presence is untenable

Not Always Necessary

Don't automatically suspend for:

• All disciplinary investigations
• Minor misconduct allegations
• Situations where alternatives exist

Alternatives to Suspension

Consider first:

• Moving employee to different duties
• Temporarily relocating them
• Changing reporting lines
• Increased supervision
• Working from home

The Decision to Suspend

Ask Yourself

1. Is it necessary? Could alternatives work?
2. Is it proportionate? Matched to allegation seriousness
3. Can I justify it? Clear reasons for this step
4. Have I considered alternatives? Documented consideration

Document Your Reasoning

Record:

• The allegations prompting suspension
• Why suspension is necessary
• Why alternatives won't work
• How long you expect it to last

Legal Requirements

Implied Term of Trust and Confidence

Even with a contractual right to suspend, you must not:

• Suspend without reasonable cause
• Suspend in bad faith
• Suspend for excessive periods
• Fail to review regularly

ACAS Code

The ACAS Code states suspension:

• Should only be used if necessary
• Should be kept as brief as possible
• Should be kept under review
• Should not be used as a sanction

Pay During Suspension

General Rule

Pay full salary unless:

• Contract clearly allows unpaid suspension
• Disciplinary policy allows specific unpaid suspension
• Employee agrees to unpaid

What "Full Pay" Includes

• Basic salary
• Normal contractual benefits
• Pension contributions
• Car allowance
• Other regular payments

Commission and Bonus

More complex:

• Fixed commission: Usually continue
• Performance-based: Consider what's fair
• Bonus: Depends on scheme rules

Without Pay

Very rare and risky:

• Must have clear contractual right
• Usually limited circumstances
• Court may still find unreasonable
• Consider alternatives

Communicating Suspension

The Suspension Meeting

1. Inform employee - Verbal and follow up in writing
2. Explain why - Without prejudging outcome
3. Confirm terms - Pay, contact, duration
4. Explain restrictions - What they can/cannot do
5. Offer support - EAP, HR contact

Key Messages

• Suspension is not disciplinary action
• It's to allow investigation
• They will receive full pay
• The decision will be kept under review
• They should not contact colleagues (usually)

Sample Suspension Letter

Dear [Name],

Following our meeting today, I write to confirm that you are suspended from work on full pay with immediate effect.

This suspension is to enable the company to carry out an investigation into [brief nature of allegations - without detail]. Suspension is a neutral act and is not a disciplinary sanction.

During suspension you must:

• Not attend the workplace unless requested
• Not contact colleagues, clients, or [others] about work matters
• Remain available during normal working hours
• Not undertake any other paid work
• Return company property [specify if required]

You will continue to receive your normal salary and benefits during this period. The suspension will be reviewed regularly and kept as brief as possible.

If you need to contact anyone about work matters, please contact [HR/named person] only.

[Named contact] will keep you informed of progress. If you have any concerns, please contact [name].

The company's Employee Assistance Programme is available at [details].

Yours sincerely

During Suspension

Employer Obligations

• Investigate promptly - Don't let it drag on
• Review regularly - At least weekly
• Keep employee informed - Progress updates
• Maintain confidentiality - Limit who knows
• Lift when appropriate - As soon as practical

Employee Obligations

Typically:

• Remain available during working hours
• Not contact colleagues (unless through HR)
• Not attend workplace
• Cooperate with investigation
• Not discuss matter widely
• Return company property if requested

Contact During Suspension

• Keep employee updated on progress
• Respond to their reasonable queries
• Don't isolate them completely
• Consider welfare check-ins

Reviewing Suspension

When to Review

• Weekly (at minimum)
• When investigation status changes
• When new information emerges
• When initially expected duration passes

Consider at Each Review

• Is suspension still necessary?
• Can alternatives now work?
• Is investigation progressing?
• What's the impact on the employee?
• When will investigation conclude?

Lifting Suspension

Consider lifting when:

• Evidence gathered
• Witnesses interviewed
• No longer risk to investigation
• Allegations appear less serious
• Alternatives become viable

Duration of Suspension

No Legal Maximum

But must be:

• As brief as possible
• Under regular review
• Justified throughout
• Proportionate

Practical Guidance

Situation	Expected Duration
Simple investigation	1-2 weeks
Complex investigation	2-4 weeks
External investigation	May be longer
Police involvement	May need to wait

If Extending

If longer than expected:

• Explain why to employee
• Document reasons
• Continue to review
• Consider alternatives again

Impact on Employment

Suspension Is Not

• Disciplinary action
• Finding of guilt
• Breach of contract (if done properly)
• Termination

Rights During Suspension

Employee retains:

• Employment status
• Pay and benefits
• Accruing service
• Annual leave accrual

Common Mistakes

1. Automatic Suspension

Problem: Suspending for every allegation without thought.

Solution: Consider each case individually.

2. Excessive Duration

Problem: Suspension lasting months.

Solution: Investigate promptly, review weekly.

3. Suspending as Punishment

Problem: Treating suspension as sanction.

Solution: Frame as neutral investigative step.

4. Poor Communication

Problem: Employee left in limbo with no updates.

Solution: Regular communication throughout.

5. Public Humiliation

Problem: Marching employee off premises.

Solution: Handle discreetly and with dignity.

6. Not Reviewing

Problem: Set and forget approach.

Solution: Formal review at least weekly.

When Things Go Wrong

Employee Claims Suspension Unfair

• Document your reasons
• Show you considered alternatives
• Demonstrate regular review
• Evidence it was necessary

Suspension Leads to Resignation

May claim constructive dismissal if:

• No reasonable cause for suspension
• Suspension was punitive
• Excessive duration
• Public humiliation

Grievance About Suspension

• Take it seriously
• Consider if suspension remains appropriate
• Don't dismiss as defensive
• Document your response

Ending Suspension

Following Investigation

If disciplinary hearing needed:

• Invite to hearing
• Suspension continues until outcome

If no case to answer:

• Lift suspension immediately
• Return to work
• Consider any support needed
• No record on personnel file of the allegations

Return to Work

Plan for:

• Who tells colleagues (if anything)
• Any work to catch up on
• Rebuilding relationships
• Monitoring wellbeing

Checklist

Before Suspending

• Clear, documented allegations
• Consideration of alternatives
• Genuine need for suspension
• Proportionate response
• Pay arrangements confirmed

During Suspension

• Suspension letter sent
• Terms clearly communicated
• Regular review schedule
• Progress updates to employee
• Investigation progressing
• Duration monitored

Ending Suspension

• Review complete
• Next steps decided
• Employee informed
• Return to work planned (if applicable)
• Support offered