How Long Can You Be Suspended From Work Without Pay

At that place are various reasons why an employer might want to suspend an employee, usually in the context of a disciplinary affair. Nosotros answer all the questions y'all may accept if y'all are suspended from work, including whether your employer has to requite you notice of suspension.

When can I exist suspended?

People are usually suspended from work by their employer in the context of a disciplinary investigation. Notwithstanding, it is also possible, although less common, for a worker to be suspended on medical grounds or, where a risk to a new or expectant mother has been identified in the workplace. This article focuses on disciplinary suspension.

What is suspension?

Very simply, it is where an employee continues to be employed (and so is generally entitled to continue receiving pay and benefits) ,but does non have to nourish their identify of work or practice any work.

What does suspension hateful in the context of a disciplinary procedure?

Pause should always exist used as a neutral response past an employer and never equally a disciplinary sanction. An employer must non suspend purely because they assume an individual is guilty of wrongdoing.

Break might exist beneficial to an individual, to remove them from a stressful situation for example, but it must not be an automatic, knee jerk reaction by an employer to every potential disciplinary affair.

In what circumstances is disciplinary break appropriate?

Acas has published guidance which states that suspension must only be considered by an employer if there is a serious accusation of misconduct and:

working relationships accept severely broken downwardly,
the employee could tamper with show, influence witnesses and/or sway the investigation into the accusation,
there is a chance to other employees, property or customers,
the employee is bailiwick to criminal investigation which might touch on their ability to do their chore.

If the disciplinary allegation is of a less serious nature, or none of these problems are relevant and then your employer should not be considering intermission.

Tin I be suspended without warning?

Plain, your employer needs to permit you know that they intend to suspend y'all. This may be washed orally, in a meeting for case, and may exist "out of the blueish". Withal, the suspension and its terms should always exist confirmed in writing afterwards.

There is no set amount of notice that an employer must requite an employee to warn them that they are existence suspended, but they must always act in accordance with any relevant disciplinary policy.

However, it is rare for standard policies to require employees be given a warning before intermission. Whatsoever written notice confirming suspension should include the following data:

the reason for the pause and how long it is expected to last,
acquittance that the suspension is not an assumption of guilt and is to enable the investigation to progress,
your rights and obligations during the suspension. For case, yous may exist required to remain contactable during normal work hours,
a point of contact (such as an Hour manager) for any queries whilst suspended.

What are the alternatives to suspension?

Acas recommends that employers carefully consider all other options before suspending an employee. These options could include, on a temporary basis:

moving the employee to a dissimilar squad or role (of like status and on the same terms and weather condition),
allowing the employee to piece of work from home,
changing the employee's work hours,
placing the employee on restricted duties,
requiring the employee to work under supervision.

Volition being suspended damage my reputation?

Although interruption should be seen as a neutral act, in reality information technology can damage someone'due south reputation within their workplace if it becomes common noesis. Acas therefore recommends that, where possible, the suspension and the reason behind it should be kept confidential. It is likewise recommended that the employer discusses with the suspended employee how they would like it to be explained to colleagues and customers.

Can my employer refuse to pay me during my suspension?

No, non unless there is an unambiguous contractual correct for the employer to append without pay and benefits i.e. your employment contract says very clearly that your employer can exercise this.

Fifty-fifty if there is (and this would be rare), to exercise that correct makes it look like the employer is applying a punishment and non using suspension as a neutral human action. This could support a future merits that the disciplinary process was unfair, for example because the employer assumed guilt earlier carrying out any proper investigation.

Alternatively, an employer may exist able to avoid paying an employee their full pay during a suspension if the employee is ill and there is no contractual right to full pay during such time. They would however still be entitled to receive their usual sick pay.

How long can my employer suspend me for?

Any intermission must be reasonably brief just, it volition depend upon how long the employer needs to complete the investigation. They should not be unreasonably wearisome and need to keep the situation under regular review to assess if interruption remains necessary. For example, once all witnesses have been interviewed it will potentially be possible for the employee to be immune to return while the employer reviews the testify.

What tin can I practise if I disagree with my suspension?

If y'all cannot concord matters informally with your employer then ane option is to raise a formal grievance, using your employer's formal grievance procedure. However, this class of activeness is likely to prolong matters while the employer deals with the grievance.

In certain circumstances, an employer'south mishandling of an employee'southward suspension could corporeality to a breach of the implied term of trust and conviction This ways the employee will exist to resign and claim constructive dismissal.

Alternatively, an employee'southward break could amount to discrimination, for example, if one employee is suspended and another, in the same situation, isn't. 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 lot. It may be acting unreasonably (and in breach of contract) where the disciplinary allegation against yous isn't credible. For instance, if your employer is acting on vague, contradictory or uncorroborated allegations.

How tin can we help you?

If you have questions because you are currently suspended from work or bailiwick to disciplinary proceedings and so talk to our employment police force specialists today. Nosotros'll help you figure out the all-time way forward in your specific circumstances.