Suspending an employee is often the first thing an employer reaches for when something serious comes to light. An allegation arrives, or something is discovered, and the instinct is to get the person out of the building while you work out what happened.
Sometimes that is the right call. Often it is not, and a suspension handled badly can do damage before the investigation has even started. Acas has said for some years that suspension should never be automatic.
The stakes are rising too. From 1 January 2027 most employees will be able to bring an unfair dismissal claim after six months' service rather than two years, and an unreasonable suspension is a common feature of constructive dismissal claims.
This guide explains what suspension is, when it is justified, the alternatives to consider first, how to suspend fairly once you have decided to, and the complications that come up along the way.
What suspension is, and what it is not
Suspension means telling an employee to stay away from work for a period, usually while you investigate an allegation against them. It is often called suspension pending investigation.
It is not a disciplinary sanction and it is not a finding that the employee has done anything wrong. Say so clearly, because a suspension that looks like a punishment undermines the fairness of everything that follows.
The employee remains employed throughout. They keep their pay and benefits, they remain bound by their contract, and they need to stay available to come back to work at short notice.
When is suspending an employee justified?
The courts ask whether the employer had reasonable and proper cause to suspend. In a 2019 case involving a teacher, the Court of Appeal decided that suspension does not have to be strictly necessary, but it must not be a knee-jerk reaction.
Acas guidance on suspension sets a stricter standard as good practice. It says you should first gather enough information to understand what happened and how serious it might be, and only then consider suspension. It also says suspension should only be used where it protects one of these:
- the investigation, for example where the employee could destroy evidence or influence witnesses
- the business, its clients or its confidential information
- other staff, particularly anyone who has made a complaint
- the employee themselves
Where the police or a regulator is involved, that does not automatically mean suspension. It is one more factor to weigh. Their investigation is also separate from yours. One may lead to the other, but the two run alongside each other, and you do not usually need to wait for theirs to finish before carrying on with your own.
Alternatives to consider first
In most cases, avoiding suspension is the better outcome. You could make one of these temporary changes instead, provided it does not breach the employee's contract:
- changing their shifts or working hours
- moving them to another team, office or site
- asking them to work from home
- removing part of their role, or their contact with particular clients or colleagues
- taking away access to a particular system or tool
Where you make a change like this, keep the reason confidential and agree with the employee what colleagues will be told. If you do decide to suspend, write down the alternatives you considered and why they would not work. That record is often what shows a tribunal the decision was thought through.
Why the decision is harder than it looks
On paper the test is simple. In practice, several factors have to be weighed against each other, and the right answer depends on the detail of each case.
How strong is what you know? A single anonymous comment and a clear account from several witnesses justify different responses. Suspending on thin information is a common mistake.
Who is the employee? Their role, length of service and record all matter. In addition, if they have recently raised a whistleblowing concern or a complaint of discrimination, a suspension that looks like a response to it can lead to a claim that needs no qualifying service at all.
Is there a health angle? Suspension is stressful, and where the employee has a mental health condition or a disability, how you handle it carries more risk.
What have you done before? Treating this employee differently from someone in a similar situation last year invites a claim of unfair or discriminatory treatment.
Who else is involved? After a serious complaint, avoid moving the person who complained, because it can look like they are being punished for speaking up.
How to suspend an employee fairly
Once you have decided that suspending an employee is justified, the way you carry it out matters as much as the decision itself.
Telling the employee
Tell them in person if you can, or by phone or video call if not. Explain the reason, make clear it is not a finding of wrongdoing, and tell them what happens next. There is no legal right to be accompanied at this meeting, but allowing a companion is good practice and can help the meeting go more smoothly.
Confirm that pay and benefits continue. Agree how you will keep in touch, and give them a named contact for questions or concerns.
The suspension letter
The law does not require a letter, but you should always send one. It should confirm the reason for the suspension and that it is not a disciplinary sanction. It should also cover their pay, what they can and cannot do while suspended, who their contact is, and when you expect to review the suspension. Avoid any wording that prejudges the outcome, because the letter may well be read by a tribunal later.
Pay and benefits
As a general rule, a suspended employee receives their normal pay and contractual benefits. Stopping or reducing pay without a clear contractual right is a breach of contract and an unlawful deduction from wages. Even where the contract appears to allow unpaid suspension, using it is risky, because it can make the suspension look like a punishment.
How long it lasts
There is no set maximum. Keep the suspension as short as you can, review it regularly, and end it as soon as the reason for it has gone. A suspension that drifts on for months is a common way for a reasonable decision to become an unreasonable one.
Keeping in touch
Regular contact matters, both for progress updates and for the employee's wellbeing. Point them towards any support you offer, such as an employee assistance programme.
Common complications
The employee goes off sick. This happens often. Check the contract, because where it says suspension is on full pay, that may continue rather than dropping to sick pay. You may also need to adapt the investigation, for example by sending written questions. Our article on sick leave and grievances during disciplinary action covers this in more depth.
They have holiday booked. You can agree to let them take it, or cancel it with the correct notice, although cancelling booked holiday can make a difficult situation worse.
Colleagues are asking questions. Agree with the employee what will be said, and share personal information only where it is necessary.
The investigation leads to a disciplinary hearing. You then need to decide afresh whether the suspension should continue. Where it ends with no further action, bring the employee back promptly, confirm that in writing, and plan their return with them.
What employers should do now
- Pause before suspending an employee. Unless there is an immediate risk, gather the basic facts first.
- Consider the alternatives. Work through the temporary changes above and write down why each would or would not work.
- Record your reasons. Note what you knew, what risk suspension protects against, and why you chose it.
- Check the contract and your policy. Look at what they say about suspension, pay and sickness before you speak to the employee.
- Plan the conversation and the letter. Keep both neutral, and confirm that pay continues.
- Set a review date. Put it in the diary and keep the investigation moving.
How we can help
Most business owners can follow the steps above. What is harder is making the judgement calls under pressure, on the day something has gone wrong, with an employee waiting for an answer. That is where we come in.
We can talk the situation through with you, usually the same day in an emergency, and help you decide whether suspending an employee is justified or whether an alternative would work better. We can draft the suspension letter, plan the conversation, and keep the process on track from investigation to outcome. Where it helps, we can carry out an independent investigation and support you through the disciplinary process that follows.
Final thoughts
Suspension is there to protect an investigation, and it says nothing about how seriously you take an allegation. Used sparingly, recorded properly and kept short, it rarely causes problems. Used by reflex, suspending an employee can turn a manageable investigation into an unfair dismissal claim. Take the time to make the decision properly, and get advice before you act if you are unsure.
Common questions
Can I suspend an employee without pay?
Only if their contract clearly allows it, and even then it is risky. Without a contractual right, stopping pay is a breach of contract and an unlawful deduction from wages. Unpaid suspension can also make the suspension look like a punishment, which undermines the fairness of the investigation that follows.
Can I suspend an employee pending investigation straight away?
You can where there is an immediate risk, for example to other staff or to evidence. Otherwise, gather enough initial information to understand what happened before deciding. A suspension made as a knee-jerk reaction is harder to defend if the employee later brings a claim.
How long can an employee be suspended?
There is no legal maximum. The suspension should be as short as possible and reviewed regularly. A suspension that runs on without good reason can become unreasonable, damage trust and contribute to a constructive dismissal claim.
Is suspension a disciplinary sanction?
No. Suspension is a temporary measure to protect an investigation, the business or the people involved, and it is not a finding that the employee has done anything wrong. Make that clear in the conversation and in the suspension letter.
What happens if a suspended employee goes off sick?
Check the contract first. Where it says suspension is on full pay, that may continue while they are off sick rather than dropping to sick pay. You may also need to adapt the investigation, for example by offering a different meeting location or written questions.
Does the employee have the right to be accompanied at a suspension meeting?
There is no legal right to be accompanied at a suspension or investigation meeting. The statutory right applies to disciplinary and grievance hearings. Allowing a companion at the earlier stages is still good practice and can help the meeting go more smoothly.
Can a suspended employee contact colleagues?
Employers usually ask suspended employees not to discuss the investigation with colleagues, and that is reasonable. Contact about other things is normally fine, and the employee can discuss the investigation with whoever accompanies them. Explain the position in the suspension letter.
