What happens if you get suspended from work

They would however still be entitled to receive their usual sick pay. Any suspension must be reasonably brief but, it will depend upon how long the employer needs to complete the investigation.

They should not be unreasonably slow and need to keep the situation under regular review to assess if suspension remains necessary. For example, once all witnesses have been interviewed it will potentially be possible for the employee to be allowed to return while the employer reviews the evidence. However, this course of action is likely to prolong matters while the employer deals with the grievance. This would enable the employee to bring a claim in the employment tribunal.

An employer has to have reasonable and proper cause to suspend you. For example, if your employer is acting on vague, contradictory or uncorroborated allegations.

If you have questions because you are currently suspended from work or subject to disciplinary proceedings then talk to our employment law specialists today. To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form …. JavaScript is disabled in your web browser.

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When can I be suspended? What is suspension? What does suspension mean in the context of a disciplinary procedure? In what circumstances is disciplinary suspension appropriate? Can I be suspended without warning? All personal information collected during the suspension procedure must be processed in accordance with your Data protection policy and employee privacy notice - a statement describing how you collect, use, retain and disclose personal information.

An employee can take holiday during a period of suspension. However, the purpose of suspension is to allow a reasonable investigation to take place during which, it may be expected that the employee will attend a disciplinary hearing. Therefore, it is not recommended that an employee take annual leave throughout the entirety of their suspension.

Employees can always cancel pre-booked annual leave if it coincides with a disciplinary investigation; as long as they give the requisite notice. When communicating a suspended employee's absence from the workplace, employers should be careful not to make any suggestion of the employee's guilt as the employer still owes the employee a duty of trust and confidence.

What is communicated with staff should be agreed with the employee themselves. In the event that the allegations against the employee are unfounded and the employee returns to the workplace, the employer may want to announce as such to staff members.

The employer should also make sure the employee is up to date with their workload, and any training they may have missed out on during their suspension. In certain circumstances, a health professional may recommend that an employee is unfit to work. The employer should consider adjusting the working conditions or offering suitable alternative work. This alternative work must be on terms that are no less favourable than the original role ie the pay rate must be the same.

If it is not practical to make such adjustments then the employer may have to suspend the employee until it is safe for them to return to work. If an employee is a new or expectant mother then the employer must assess any risks in the workplace that may make it unsuitable for the employee to continue working. Common risks include if the role requires heavy lifting or carrying, long working hours or exposure to toxic substances.

The employer should remove the risks and if this cannot be done then the employer should look into alternative options. Suspension should be the last resort and should only be applied if the risk cannot be removed.

An employee suspended due to a serious allegation of misconduct must receive their full pay unless they are not willing or able to attend work for example because they are ill or there is a clear contractual right for an employer to suspend without pay or benefits.

This will be outlined in the employment contract. Employers should rarely consider suspension without pay as this is more likely to be seen as a punishment procedure that could lead to accusations of an unfair disciplinary procedure.

An employee suspended from work on medical grounds must receive their full pay unless they have been employed for less than one month, are not willing to attend work for example because they are ill , have been suspended for more than 26 weeks or they have refused suitable alternative work. An employee suspended on maternity grounds must receive their full pay unless they are not willing to attend work for example because they are ill or have unreasonably refused suitable alternative work.

If a suspended employee is ill and is not able to attend work again when required then they should receive their usual sick pay. For further information, read our guide on Sick pay. If your employment contract does not say your employer can do this, your employer may still be able to suspend you, but with pay.

You keep your employment rights while suspended. If this means you cannot defend yourself properly at a disciplinary hearing, you could make an appeal. Check what you need to do. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies.

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