Definition
A temporary measure where an employer instructs an employee not to attend work, typically during a disciplinary investigation. Suspension should be on full pay unless the contract specifies otherwise, and should be as brief as reasonably possible.
UK Context
Suspension is not a disciplinary sanction and should not be treated as such. The ACAS guide on discipline states that suspension should only be used when necessary, such as when there are serious allegations and the employee's presence could hinder the investigation or pose a risk. Unreasonable suspension can be challenged as a breach of trust and confidence.
Best Practices
- Only suspend when genuinely necessary and document the reasons for the decision
- Keep suspension as short as possible and review it regularly, ideally weekly
- Maintain contact with the suspended employee through a designated point of contact and keep them informed of progress
Frequently Asked Questions
Should suspension always be on full pay?
Best practice and the ACAS Code recommend suspension on full pay. Suspending without pay could be a breach of contract unless the contract explicitly allows it, and could give rise to a constructive dismissal claim.
How long can an employee be suspended?
There is no set maximum period, but it must be reasonable. The longer the suspension, the more likely it is to be challenged. Employers should review the need for suspension regularly and lift it as soon as the reasons for it no longer apply.