What are my rights if I have been suspended?

What does suspension mean?

Suspension from work typically occurs when there are allegations of misconduct, concerns about health and safety, or during the course of an investigation into certain matters. It's essentially a precautionary measure to ensure that the investigation can be conducted fairly and without interference. Workplace suspensions are part of disciplinary procedures outlined in the employer's terms or work rules, potentially forming part of your contract of employment. During suspension, employees are usually instructed not to attend their workplace or engage in any work-related activities. This helps maintain the integrity of the investigation process and protects both the interests of the employer and the employee.

The goal is to keep the suspension period brief while regularly reviewing the decision to suspend. Employers should be cautious about sharing details of the suspension with colleagues and clients. Suspension should be viewed as a neutral measure, intended for investigation rather than punishment, to ensure fairness in future disciplinary processes. The duration of suspension depends on factors such as witness availability and investigation complexity, with efforts made to minimize disruption. Regular reviews should determine the ongoing necessity of the suspension.

Reasons for suspension

There could be various reasons prompting your employer to suspend you from work. The primary reason is typically to initiate disciplinary procedures, though other reasons may include:

• Preventing you from continuing alleged gross misconduct.
• Addressing a potential threat, you may pose to the business or other employees.
• Allowing the employer to investigate potential disciplinary matters without interference.
• Managing situations where your job poses risks to your health and safety. In such cases, the employer can suspend you for up to 26 weeks on full pay if you've worked for over a month; beyond this period, it would be unpaid. It's crucial to note that refusing alternative suitable work offered by the employer could result in loss of payment rights.
• Restricting interactions with other employees or clients, provided it doesn't hinder your ability to respond to allegations.
• Addressing situations involving pregnancy, where the employer cannot offer a reasonable and safe alternative job. In these cases, the employer should conduct a risk assessment following HSE's guidelines for protecting pregnant workers. If no agreement is reached, the employer can suspend you on full pay for as long as you or your baby remain at risk or in danger.

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What are my rights?

• Upon being suspended, you should be promptly informed, ideally through written communication following any verbal notification. A formal suspension letter should outline:

• The reasons behind your suspension and the expected duration.
• Your rights and obligations during the suspension, including availability during standard working hours.
• Contact information for your designated point of contact, such as your line manager or HR representative.
• Emphasis that the suspension aims to facilitate an investigation and not to imply guilt.

• Unless your contract allows for unpaid suspension, you are entitled to full pay during this period, irrespective of its connection to a disciplinary process. Suspension due to medical or health and safety concerns should also entail full pay.
• Your entitlements may vary depending on the timing of your suspension. For instance, if you were receiving statutory sick pay (SSP) before suspension, you may only receive SSP during the suspension period, though this could be contested if you become ill while suspended.
• If your employment contract guarantees full pay during suspension, you have the right to challenge any discrepancies, such as receiving only SSP.
• Your employment rights remain intact during suspension. Should payment be incorrect during this period, you may have grounds to pursue a claim for unlawful deduction of wages.
• Furthermore, your employer must adhere to the ACAS Code of Practice on disciplinary and grievance procedures. Unjustified suspension or prolonged investigation periods could potentially result in a claim of constructive dismissal.

Prior to proceeding to the stage of suspension from work, it is advisable to seek legal advice as this often precedes disciplinary action. Facing legal proceedings and subsequent penalties can significantly damage your reputation and job prospects. If you have any queries or concerns regarding suspensions, our employment team can provide expert advice tailored to your situation, please contact our Employment Team by emailing employment@warnegoodman.co.uk or calling 023 8071 7717.