Being suspended from work can be a gut-wrenching experience. It is important to understand what this means both legally and practically. It is often the case that a suspension precedes a disciplinary and potentially a dismissal, but not all suspensions end with negative outcomes. What we cover below is some general guidance on if you are suspended. It’s important that you do not panic, assess the situation, and avoid any rash decisions, such as resigning (resigning can often weaken your position and may infer guilt).
Suspended From Work – What Does It Mean?
When you are suspended from work, you are likely to have been notified by your employer that you are no longer permitted to attend work, access work systems, or speak with colleagues, pending an investigation. The investigation is most likely into a serious allegation that may lead to a disciplinary hearing. It is often the case that a suspension comes before an allegation of gross misconduct.
An act of suspension is not disciplinary action itself, but is designed to enable an investigation to take place.
Is Being Suspended Allowed?
When suspended from work you should first consult your employment contract and/or staff handbook. The right to suspend is usually covered in these documents and make sure you understand on what basis, including the reasons that would usually cause a suspension. However, even if suspension is not addressed in the documents, then your employer may still be able to justify suspending you from work, providing there was a sufficient reason (such as the need to investigate a serious allegation) and you have not been put at a disadvantage (so you should receive full pay).
This does not mean employers can suspend you without good reason and there are legal claims that may arise if suspension is carried out without good reason. A suspension is often the first step in a disciplinary investigation and it is not unusual for you to have been given little information at the outset. You are likely to be invited to an investigation meeting in due course.
Will I Be Paid When Suspended from Work?
Unless there is an express provision in your contract that says otherwise, you are likely to be paid in full whilst suspended. However, unless the contract specifically states “full pay,” then you may only be entitled to receive the pay you were in receipt of when suspended. The most common example of this that we see is if someone is suspended when they are receiving statutory sick pay.
How Long Will I Be Suspended For?
This can vary depending on the seriousness and complexity of the investigation. The Acas Code gives the following guidance on suspension, stating it should be:
- As brief as possible.
- Kept under review.
- Not be used as a disciplinary sanction.
If you are suspended for an unreasonably long period or without good reason, then this may give rise to Constructive Unfair Dismissal. However, we would not recommend resigning without taking advice. We suggest you stay employed, take advice, act quickly. Often, resigning can be a mistake and weaken your position and ability to obtain financial compensation (always best to consult an expert first).
Can Colleagues Be Informed Of My Suspension?
In short, yes.
However, your employer still owes you a duty of trust and confidence and any announcements about your suspension should be kept to a minimum and avoid any suggestion of wrongdoing.
Can I Contact Colleagues Whilst Suspended?
This often depends on if you have been instructed not to contact colleagues or not. Employers often ask you not to contact colleagues to reduce the risk of the investigation being negatively impacted (such as attempts to influence witnesses and to preserve confidentiality). If you ignore such a request, you may risk further disciplinary action. If you require contact with colleagues to properly prepare for any subsequent disciplinary hearing, then this request should be made to your employer first.
Can I Go On Holiday Whilst Suspended?
Being suspended is not a reason by itself to go away on holiday. You may be invited to an investigation meeting shortly after being suspended. You are entitled to request annual leave (and take pre-arranged annual leave) when suspended. Your employer is entitled to refuse any request for annual leave on the basis it requires you to be available during the disciplinary process. If you have pre-arranged annual leave, your employer must give you adequate notice, which is the same length as the annual leave (if the annual leave is 7 days, you must be given at least 7 days’ notice to cancel it).
Suspension On Medical Grounds
You can also be suspended on medical grounds. This is linked to your employer’s duty to ensure health and safety at work. A decision to suspend should be based on a formal risk assessment. If you have been employed for at least 1-month, you are entitled to 26 weeks of your normal pay. You may also be offered suitable alternative work, which if unreasonably refused, could result in you not being paid.
Suspended At Work – Top Tips
It is often the case that employees are suspended because there has been a serious allegation against them. Employers are entitled (and often obligated) to investigate such allegations. Being suspended does not automatically mean you are going to be fired or even disciplined. Some tips when suspended are:
- Easier said than done, but don’t panic.
- Read the suspension letter carefully and adhere to the terms of suspension. For example, if you are asked not to contact colleagues, then don’t.
- If you do not understand any of the terms of suspension, politely ask for clarification.
- Get familiar with the company disciplinary policy. If the employer deviates from the policy, note this down.
- Don’t resign. This often infers guilt. Even if the suspension is being used unfairly, there are better options (stay employed, take advice, act quickly).
- Other common mistake we see people make is (1) accessing work systems after being told not to and then (2) taking documents out of work systems (such as forwarding emails to their personal emails), both of which can result in further disciplinary action.
If you think the disciplinary process is unfair or the end result is going to be an unfair dismissal, then you are likely to need professional advice.
Frequently Asked Questions About Suspension From Work
1. What does being suspended from work mean?
Suspension from work typically means that you are temporarily removed from your duties while your employer investigates a serious allegation. You may not be allowed to access work systems or communicate with colleagues during this period.
2. Is suspension the same as disciplinary action?
No, suspension is not a disciplinary action in itself. It is a neutral act meant to allow an investigation to take place, often relating to allegations of misconduct.
3. Can my employer suspend me?
Yes, if there is a sufficient reason for the suspension, such as the need to investigate a serious allegation, your employer can suspend you. The right to suspend is often found in your employment contract or staff handbook.
4. Will I be paid during my suspension?
In most cases, you should receive full pay during your suspension unless your contract specifies otherwise. If you’re receiving statutory sick pay or another form of reduced pay, you may continue to receive that amount during suspension.
5. How long will I be suspended?
The length of a suspension can vary depending on the complexity of the investigation. However, according to Acas guidelines, suspension should be as brief as possible, kept under review, and not used as a form of disciplinary action.
6. Can my colleagues be informed about my suspension?
Yes, but your employer must handle this sensitively, keeping any information about your suspension to a minimum to avoid implying any wrongdoing and maintain trust and confidence.
7. Can I contact my colleagues while suspended?
Typically, your employer may instruct you not to contact colleagues during your suspension to preserve the integrity of the investigation. If you need to contact colleagues for legitimate reasons, such as preparing for a disciplinary hearing, request permission from your employer first.
8. Can I go on holiday while suspended?
You may request annual leave during your suspension, but your employer can refuse if they need you available for the investigation. Pre-arranged annual leave can be cancelled, but only with adequate notice matching the length of the leave.
9. Can I be suspended for medical reasons?
Yes, your employer may suspend you on medical grounds if they believe it is necessary to ensure workplace health and safety. In such cases, you are entitled to receive up to 26 weeks of normal pay if you’ve been employed for at least one month.
10. Should I resign if I’m suspended?
No, resigning can weaken your position and may imply guilt. It is generally advised to stay employed, seek legal advice, and carefully assess your options before making any decisions.
11. What should I do if I believe my suspension is unfair?
If you think your suspension is unjustified or the disciplinary process is unfair, it is important to stay calm, document any deviations from company policies, and seek professional advice. Resigning is usually not the best course of action.