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Employee Suspension UK: Policy & Letter Guide

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Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Suspension is one of the trickier tools in an employer's kit. Handled badly, it can unravel into a constructive dismissal claim or a grievance you didn't see coming. Handled well, it creates breathing room to investigate a concern, protect colleagues, or deal with a genuine health or safety issue without prejudging the outcome. This page sets out when suspension may be appropriate under UK employment law, what a sensible suspension policy tends to cover, and how the written communication you send to the employee shapes everything that follows. Whether you're dealing with alleged misconduct, a medical situation, pregnancy-related risk, an immigration status problem, or a health and safety concern, the principles are broadly similar: act reasonably, communicate clearly, and keep the period as short as possible. I'm Brad Askew, and I've put this together to help employers think through the decision properly before reaching for a template.

What this document is

Suspension means temporarily removing an employee from their duties, usually on full pay, while something is looked into or resolved. It is not a disciplinary sanction in itself. A suspended employee remains employed and retains their normal contractual rights, including pay and benefits, unless the contract specifically allows otherwise.

Employers tend to suspend in five main scenarios: where misconduct is alleged and an investigation is needed; where an employee's health makes it unsafe for them to work; where a pregnant worker faces workplace risks that cannot be removed through adjustments; where an immigration issue casts doubt on the right to work; or where a health and safety concern requires the person to step away. The key legal point is that suspension is not automatic or neutral.

It needs a reasonable basis, it should be proportionate, and it should last no longer than necessary. Tribunals have repeatedly criticised employers who treat suspension as a default response or fail to keep it under review.

How to use this document

  1. Decide whether suspension is genuinely necessary. Before suspending, ask whether alternatives exist. Could the employee be moved to different duties, work from home, or be kept away from specific colleagues or systems? Suspension should not be a knee-jerk reaction. Document why it is proportionate in the circumstances and what you considered instead.
  2. Identify the correct ground and get your facts straight. The grounds for suspension matter. Misconduct suspension works differently from medical suspension or a pregnancy risk suspension under health and safety legislation. Be clear internally on which ground applies, because it drives the procedure, the pay position, and the wording of your letter to the employee.
  3. Communicate the suspension clearly in writing. The employee should receive a letter confirming they are suspended, the reason in general terms, that suspension is not a disciplinary outcome, the expected duration, arrangements for pay, who their point of contact is, and what they can and cannot do during the period (for example, contacting colleagues or accessing systems).
  4. Keep the suspension under active review. Suspension should not drift. Set a review date, investigate promptly, and lift the suspension as soon as the reason for it falls away. Long, open-ended suspensions are a common driver of tribunal claims and can damage the trust and confidence at the heart of the employment relationship.
  5. Follow a fair process to conclude matters. Once the underlying issue is dealt with, whether through a disciplinary hearing, a return-to-work plan, an immigration check, or a risk assessment, communicate the outcome in writing. If no action follows, say so plainly. If a process continues, explain the next stage and the employee's rights within it.

Common questions

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Common questions

Q Is an employee entitled to full pay during suspension?
In most cases, yes. Unless the contract of employment clearly permits unpaid suspension, the default position is that the employee remains on full pay and benefits throughout. Medical suspension on health and safety grounds has specific statutory pay protections. Withholding pay without a contractual right to do so is risky and can itself give rise to an unlawful deduction from wages claim.
Q How long can a suspension last?
There is no fixed statutory maximum, but suspension should last no longer than reasonably necessary. Acas guidance and case law both stress that suspension must be kept under review and lifted as soon as the justification ends. Drawn-out, unreviewed suspensions have been found by tribunals to breach the implied duty of trust and confidence, even where the original decision was lawful.
Q Can I suspend someone without giving reasons?
You should always give a reason, at least in general terms. The employee does not necessarily need full detail of an investigation, but they need to understand why they are being suspended, what ground it falls under, and that it is not a disciplinary sanction. Suspending without explanation is likely to be seen as unfair and can weaken any subsequent disciplinary process.
Q When is suspension appropriate during pregnancy?
If a workplace risk assessment identifies a risk to a new or expectant mother that cannot be removed by adjusting duties or offering suitable alternative work, suspension on full pay may be required under health and safety legislation. This is a protective measure, not a disciplinary one, and getting the risk assessment right is central to doing it lawfully.
Q Does suspension automatically lead to dismissal?
No. Suspension is neutral in principle and is meant to create space for an investigation or for a health, safety or immigration issue to be resolved. The outcome might be a return to work with no action, a written warning, a performance plan, an adjustment to duties, or in some cases dismissal. Treating suspension as a precursor to dismissal can itself be unfair.
Q What if the employee says they feel singled out or punished?
This is a common and legitimate concern. Your written communication should make clear that suspension is not a finding of wrongdoing and that the employee retains their rights. Consider what support you can offer, such as a named contact and access to any employee assistance scheme. Failing to address the human side of suspension often escalates matters unnecessarily.
Q Can a suspended employee raise a grievance?
Yes. Suspension does not suspend the grievance procedure or any other contractual rights. If the employee raises concerns about how the suspension was handled, those should be taken seriously and dealt with under your grievance process, ideally in parallel with whatever investigation triggered the suspension in the first place.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.