When can an employer suspend an employee during an investigation?
In Great Britain, an employer can consider suspending an employee during a disciplinary or grievance investigation, but Acas says only where it reasonably believes this would protect the investigation, the business, other staff or the employee, and there is no other option. The Acas Code says suspension should be as brief as possible and kept under review; Acas guidance says pay and benefits should continue.
A precautionary step, not a punishment
Acas describes suspension as an employer telling an employee to temporarily stop work during an investigation. It does not mean the employee has done anything wrong, and it should not be used to discipline someone.
The Acas Code of Practice says that where paid suspension is considered necessary, it should be as brief as possible, kept under review and made clear that it is not a disciplinary action.
Deciding whether to suspend
Acas says suspension should not be automatic. The employer should first find out what happened, who is involved and how serious it might be, then consider suspension only if it reasonably believes it would protect:
- the investigation, for example if evidence could be damaged or witnesses influenced
- the business, where there is a genuine risk to customers, property or business interests
- other staff
- the person under investigation
Alternatives and risks
Acas says it is usually best to avoid suspension if possible. Temporary alternatives include changing shifts, working from home or another site, stopping part of the job, or removing access to a specific system, as long as the change does not breach the contract.
Acas warns that an unreasonable decision to suspend risks breaching the employment contract, which could lead to legal action. The longer a suspension lasts, the greater the risk to the employee's wellbeing and to trust.
Pay, contact and confidentiality
Acas says the suspended person should continue to get their pay and contractual benefits. Reducing or stopping pay could lead to legal action, even where the contract appears to allow it.
There is no legal requirement to give written notice, but Acas says it is best to put it in writing, and good practice to explain the reason, that it does not mean they have done wrong, next steps, continued pay and a named contact. Acas says employers have a legal duty of care, so agree regular contact and signpost support. Keep the suspension confidential wherever possible.
Separate statutory pay rights apply to suspension on medical grounds under specified health and safety rules, and on maternity grounds. Northern Ireland has its own employment law.
The law
“remuneration while he is so suspended for a period not exceeding twenty-six weeks…”
“An employee who is suspended from work on maternity grounds is entitled to be paid remuneration by her employer…”
“this Act extends to England and Wales and Scotland but not to Northern Ireland…”
Sources
- Deciding to suspend - Suspension during a work investigation · Acas
- The process - Suspension during a work investigation · Acas
- Supporting mental health - Suspension during a work investigation · Acas
- Pay and holiday - Suspension during a work investigation · Acas
- Ending the investigation - Suspension during a work investigation · Acas
- Code of Practice on disciplinary and grievance procedures · Acas
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Gather initial facts before deciding whether to suspend
- Record why suspension is needed and why alternatives would not work
- Tell the employee in person where possible and confirm the suspension in writing
- Continue normal pay and contractual benefits
- Name a point of contact, agree how often to keep in touch and signpost support
- Review the suspension regularly and end it as soon as it is no longer needed
- Agree what colleagues will be told and keep details confidential
Related answers
- What is a fair disciplinary procedure? In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.
- What is the right to be accompanied at a disciplinary or grievance hearing? In Great Britain, a worker who makes a reasonable request can bring one companion to a disciplinary hearing, a grievance hearing about a duty the employer owes them, and any appeal. The companion can be a colleague, a certified trade union representative or a trade union official, and can speak for the worker but not answer questions for them.