Suspension is a temporary measure where an employer requires an employee to stay away from work during a disciplinary investigation. In the UK, suspension should be a last resort, used only when there is a genuine need to separate the employee from the workplace — for example, where there are allegations of serious misconduct, health and safety risks, or where the investigation could be compromised. The employee must continue to receive full pay during suspension.

This guide covers when suspension is justified, the legal framework, and how to manage the process fairly.

Key takeaways

  • Suspension should be a last resort, not a routine first step in disciplinary proceedings.
  • The employee must receive full pay and benefits during suspension.
  • Suspension should be for the shortest period possible — ideally no more than a few weeks.
  • The employee has no statutory right to be suspended on full pay — it depends on the contract.
  • Improper suspension can result in constructive dismissal or breach of contract claims.

When suspension is justified

Suspension is justified when:

  • There is a genuine suspicion of serious misconduct (e.g., fraud, violence, gross negligence).
  • The investigation could be compromised if the employee remains at work (e.g., they could influence witnesses or destroy evidence).
  • There is a health and safety risk to the employee or others.
  • The employee’s continued presence would cause serious disruption to the business.

Suspension should not be used as:

  • A punishment — suspension is a neutral act, not a disciplinary sanction.
  • A knee-jerk reaction — it requires careful consideration.
  • An alternative to proper investigation — it should facilitate the investigation, not replace it.

There is no statutory right to suspension on full pay. The position depends on the employment contract and any applicable policy.

Contractual suspension

If the contract contains a suspension clause, you can require the employee to stay away from work during an investigation. The clause should specify:

  • The employer’s right to suspend.
  • The employee’s obligations during suspension.
  • The employer’s obligation to pay during suspension.

Implied right to suspend

Even without a contractual clause, employers may have an implied right to suspend in certain circumstances — for example, where the nature of the business or the seriousness of the allegations makes suspension necessary. However, relying on an implied right is riskier than relying on an express contractual term.

ACAS Code of Practice

The ACAS Code of Practice on Disciplinary and Grievance Procedures recommends that suspension should be:

  • Used only when necessary and as a last resort.
  • Kept under regular review.
  • For the shortest possible period.
  • Accompanied by full pay and benefits.

Failure to follow the ACAS Code does not automatically make a dismissal unfair, but a tribunal may increase any award by up to 25% if the employer unreasonably fails to comply.

Pay and benefits during suspension

The employee must receive full pay and benefits during suspension. This includes:

  • Salary — at the normal rate.
  • Benefits — private health insurance, pension contributions, and any other contractual benefits.
  • Holiday accrual — statutory holiday continues to accrue during suspension.

If you fail to pay during suspension, the employee may claim unlawful deduction from wages under s.13 of the Employment Rights Act 1996.

Employee rights during suspension

During suspension, the employee:

  • Remains employed — suspension is not a break in employment.
  • Must not attend the workplace — unless agreed otherwise.
  • Must not contact colleagues about the investigation — unless agreed otherwise.
  • Can take accrued holiday — with your agreement.
  • Has the right to be accompanied at any investigation meetings — under the ACAS Code.

Duration of suspension

Suspension should be as short as possible. The ACAS Code does not specify a maximum duration, but best practice is to complete the investigation within a few weeks.

If suspension extends beyond 4 weeks, there is a risk that the employee may claim redundancy — the argument being that the employer has no work for them. This is not a guaranteed outcome, but it is a risk to manage.

If the investigation takes longer than expected, you should:

  • Review the suspension regularly — at least every two weeks.
  • Explain the delay to the employee.
  • Consider alternatives — such as a change of duties or working from home.

Constructive dismissal risk

Improper suspension can result in a constructive dismissal claim. The employee may argue that:

  • The suspension was not justified — there was no genuine need.
  • The suspension was a punishment — not a neutral act.
  • The suspension was not proportionate — it was used for minor allegations.
  • The suspension was discriminatory — related to a protected characteristic.

To minimise this risk, follow the ACAS Code, document your reasons, and keep the suspension under review.

For more UK context, see our guides to garden leave, compulsory leave, and fitness to work.

Frequently asked questions

Can my employer suspend me without pay?

No. The employee must receive full pay during suspension. Failure to pay is an unlawful deduction from wages.

How long can suspension last?

There is no statutory maximum, but suspension should be as short as possible — ideally no more than a few weeks. Keep it under regular review.

Is suspension a disciplinary action?

No. Suspension is a neutral act, not a disciplinary sanction. It is used to facilitate an investigation, not to punish the employee.

Can I be suspended for health and safety reasons?

Yes. If the employee poses a genuine risk to themselves or others, suspension may be justified under health and safety obligations.

Does suspension affect my holiday?

No. Statutory holiday continues to accrue during suspension. You can take accrued holiday during the suspension period with your employer’s agreement.

Putting it into practice

Five steps keep your suspension process fair and legally safe:

  1. Consider whether suspension is truly necessary — exhaust alternatives first.
  2. Document your reasons for suspension in writing.
  3. Pay the employee full salary and benefits throughout the suspension.
  4. Review the suspension regularly — at least every two weeks.
  5. Follow the ACAS Code of Practice and keep the employee informed of progress.
You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that handles suspension as a distinct absence type, tracks the suspension period, and manages pay and benefits keeps this sensitive process compliant and under control.

Sources

Last updated: 26 July 2026. This article is general information, not legal advice. Suspension carries significant legal risk — seek legal advice and follow the ACAS Code before suspending an employee.