Suspension from work

If your employer suspends you during a disciplinary investigation, Acas says it should be on full pay, as brief as possible and treated as a neutral act. It should not be a punishment. There is no legal maximum length. In schools, hospitals and councils, where allegations often involve children or patients, suspension is more common than in most workplaces.

When an employer can suspend

Acas guidance for employers says suspension should only be considered if they reasonably believe it would protect the investigation, the business, other staff or the person under investigation. It should not be automatic. The test is reasonableness on the facts, and the employer should be able to show the steps that led to the decision.

Typical reasons include a risk that evidence will be interfered with, a risk to colleagues, pupils or patients, or a complaint so serious that working alongside the complainant would be unworkable. You do not have to agree to it. If it was not reasonable, Acas warns the employer risks breaching your employment contract.

Alternatives the employer should look at first

Acas says it is usually best to avoid suspension if possible. The options it lists are changing your shifts, moving you to a different part of the organisation or another site, working from home, or taking away part of your job or access to a particular system. Where two people need separating after a complaint, Acas says the person who made the complaint should usually not be the one moved.

Any temporary change should be kept confidential where possible, and you and your manager should agree what colleagues are told. If your employer goes straight to suspension without mentioning alternatives, it is worth asking whether they were considered. Disciplinary procedures in the public sector shows where suspension fits in the wider process.

Pay, benefits and holiday

A suspended person should carry on receiving pay and any contractual benefits, such as a bonus. Acas says an employer that reduces or stops pay during suspension could face legal action, and that risk remains even if the contract appears to allow reduced or no pay.

Holiday is different. You can take holiday during suspension if your employer agrees, and the employer can refuse or cancel it. If you fall sick while suspended, check your contract. Where it promises full pay during suspension, that can apply even when you are ill. For ordinary sickness rules see Statutory Sick Pay, and use the take-home pay calculator if you want to see what your normal pay looks like after tax.

How it should be done

There is no legal requirement for written notice, but Acas says it is best to put it in writing to avoid misunderstandings. Acas also says employers should tell you as soon as they can, face to face if possible, and explain the reason, make clear it is not a finding of wrongdoing and confirm that your pay continues.

You should also be given:

• a named contact for concerns, such as your manager or HR
• an agreed way and frequency of keeping in touch
• details of any support available, including for your wellbeing

If your employer has a suspension policy, Acas says it should follow it, so ask to see a copy. You can usually contact your trade union representative while suspended, and trade unions in the public sector explains what they can do.

How long it can last

Acas gives no minimum or maximum. It says suspension should be kept as short as possible, and the employer should review it regularly to check it is still needed. The Acas Code of Practice says the same: where suspension with pay is considered necessary, the period should be as brief as possible, kept under review and made clear to be not a disciplinary action. The longer it runs, the greater the risk to your health and wellbeing, and employers are told to plan support for anyone they suspend. If weeks pass with no update, ask in writing for a review date and a timetable for the investigation. Our guide to the ACAS Code of Practice covers what else the Code expects.

When the investigation ends

If there is no further action, the employer should end the suspension as soon as possible, talk to you about your return and what colleagues will be told, and confirm in writing that no further action is being taken. If the case goes to a disciplinary hearing, the employer has to decide whether the suspension continues while that happens. You keep the right to be accompanied at the hearing and to appeal any outcome.

Unpaid suspension, a suspension that drags on with no contact, or one imposed with no reason given are the situations to raise with your union, the employer’s grievance procedure or the Acas helpline. See grievance procedures for how to put a complaint in writing.