When Can I Suspend an Employee in England and Wales?

It is unusual for employers to suspend an employee, and it is not recommended. However, you may find that you face situations at work that require you to suspend an employee or at least consider suspension. This could be where you carry out the disciplinary procedure, potentially to take disciplinary action for a disciplinary matter such as gross misconduct. You might decide that suspending your employee is necessary to conduct your investigation. You may also find that you need to suspend your employee in other circumstances, such as due to health, safety, medical issues, or your employee’s pregnancy. However, there are rules associated with suspension which you should be aware of. 

This article will explain when you can suspend an employee. It does so by examining what is meant by suspension, when you might consider suspending an employee and the rules regarding this.

What Does It Mean to Suspend an Employee? 

As an employer, it is likely that you have not needed to suspend your employees as this is not an action commonly taken by employers. If you decide to suspend your employee, it means you ask them not to work. Instead, you ask them to remain at home, but not for home working. Your employee should not engage in any work for you at all. However, they remain employed by you during the suspension period. 

On most occasions, you should suspend an employee with pay, demonstrating that the suspension is not a punishment to your employee. However, there are times when you may be able to suspend your employees without pay. This is only where your employment contracts with your employees state that you can do this. Not paying correctly could be considered an unlawful deduction from their wages. Your employment contract with your employee will also detail whether or not you are required to include other payments when your employee is suspended. This could consist of commission or overtime.

When Might I Suspend an Employee?

 It is possible to suspend your employee for the following reasons:

• when you are investigating potential disciplinary issues in the workplace, which is known as a disciplinary suspension;
• for a medical, health or safety reason; or
• due to pregnancy.

Suspending During a Disciplinary Investigation

You should note that it is not advisable to suspend your employee when investigating a potential disciplinary issue. Instead, you should initially try to find an alternative course of action, such as temporarily placing your employee elsewhere in the organisation.

If you do decide to suspend your employee, you can only suspend them where you believe it is necessary to protect any of the following:

• the investigation;
• your business; or
• any of your employees, including the employee you are investigating.

However, you may feel it is appropriate to suspend your employee as part of the disciplinary procedure where:

• the suspected disciplinary offence could result in dismissal;
• you have reasons to believe that if your employee remains in the workplace, they may cause problems or purposely damage property; or
• your employee staying in the workplace would prejudice the investigation.

Suspending Due to Health, Safety or Medical Reasons

You may find yourself in a situation where you need to suspend an employee for medical, health, and safety reasons. This could be, for example, due to an allergic reaction to materials used in the workplace.

If your employee has been employed with you for at least one month, you can suspend them for a maximum of 26 weeks for medical, health or safety reasons. This should be on full pay.

Suspending Due to Pregnancy

As an employer, you should be aware that if one of your employees is pregnant, you must complete a risk assessment about their job and working conditions. This indicates whether or not there is a health and safety risk to your employee. You should provide your pregnant employee with an alternative role if there is one. If not, you can suspend them on full pay for the duration of their pregnancy that the risk is present. This could amount to the entire pregnancy.

What Are the Rules on Suspending an Employee as Part of the Disciplinary Procedure?

If you do decide there is a need to suspend your employees from the workplace due to disciplinary issues, there are rules about this that you must be aware of and follow. You must ensure that if you suspend your employee you:

• explain what options were considered apart from the suspension;
• suspend them for only as long as necessary, aiming to keep it to a minimum and resolve the issue quickly;
• tell them why you have suspended them;
• explain that the suspension does not mean you have found the employee guilty;
• where possible, ensure the suspension is kept confidential;
• keep reviewing the need for the suspension;
• maintain contact with the employee throughout the suspension; and
• point them towards a specific person for questions whilst suspended.

You may decide when suspending an employee that you do not want them to talk to other business contacts and employees during their suspension period. You are entitled to request this as long as it does not affect your employee’s ability to defend themself during a disciplinary hearing. If it does, your employee can appeal. If you ask your employee not to talk to other employees or business contacts, and they disobey this, you can take disciplinary actions against them.

Points to Consider When Suspending an Employee

If you do have to suspend an employee, there are some further points you should consider and take note of:

• your employee still has their full employment rights during suspension;
• your employee may claim at an employment tribunal if you do not pay them correctly during a period of suspension; and
• suspension is likely to affect the mental health and wellbeing of your employee, so you should look out for this and offer them support.

Key Takeaways

Suspending an employee is not a common occurrence and should always be a last resort. You must try to find an alternative course of action, such as a different role for them, even if only temporarily. However, there are reasons where you may decide that suspension is the only option. This may be due to a disciplinary investigation or for other reasons such as pregnancy. You must understand that there are rules about how you suspend your employee. For example, you must suspend your employee on full pay unless their employment contract states otherwise. Not suspending your employee according to the rules could result in an employment tribunal claim against your business.

If you need help understanding when you can suspend your employee in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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