Been suspended from work? Learn your rights to full pay, how long suspension should last, and what steps to take. Free expert guide from National Employees Union.
Being told not to come to work is disorienting. Suspension removes your routine, your contact with colleagues, and — if handled badly — your confidence. But suspension is not a punishment. It is a neutral act, designed to protect the investigation while the facts are established. This guide sets out what your employer can and cannot do, what you are entitled to throughout, and how to protect your position from the moment it starts.
Contents
- What is suspension?
- Your rights during suspension
- How long can suspension last?
- Suspension without pay
- What to do when you are suspended
- Returning to work after suspension
- FAQs
- How National Employees Union can help
What is suspension?
Suspension is a temporary removal from the workplace, usually while your employer investigates an allegation of misconduct. It should not be confused with a disciplinary sanction. A sanction follows a hearing and a finding. Suspension comes before any finding has been made.
Your employer should only suspend when there is a genuine reason — typically to prevent interference with the investigation, to protect other employees, or to address a health and safety risk. Suspension as a knee-jerk reaction, without considering alternatives, can be challenged.
The ACAS guide on disciplinary procedures is clear: suspension should be as brief as possible, kept under review, and not used as a disciplinary measure. An employer who treats suspension as a punishment has already breached good practice.
Suspension usually runs alongside an investigation, so read what to expect at an investigation meeting.
Your rights during suspension
Full pay
You are entitled to full pay throughout the suspension period. This means your normal salary, including any regular overtime, commission, or shift allowances that form part of your contractual pay. Deductions from pay during suspension without a clear contractual basis are likely unlawful.
Terms of employment continue
Your employment contract remains in force. You continue to accrue holiday. Pension contributions should continue. Benefits should remain in place. You remain an employee in every sense — you are simply not attending the workplace.
Communication
Your employer should tell you who your point of contact is during the suspension, how often they will update you on progress, and any restrictions on contacting colleagues. Those restrictions should be proportionate. A blanket ban on speaking to all colleagues is rarely justified unless there is a specific risk of witness interference.
Access to documents
If a disciplinary hearing is scheduled, you are entitled to the evidence your employer plans to rely on, access to documents you need to prepare your defence, and enough time to prepare. Your employer cannot use suspension to prevent you from building your case. If access to work emails or systems is restricted, request the specific documents in writing.
How long can suspension last?
There is no statutory maximum. The ACAS Code does not set a fixed limit. But suspension must be kept as short as reasonably practicable and reviewed at regular intervals — typically every one to two weeks.
An investigation that takes weeks or months while you sit at home on suspension is not neutral. It causes stress, isolation, and reputational damage within the workplace. Prolonged suspension without clear justification can amount to a breach of the implied term of trust and confidence — the foundation of the employment contract.
If your suspension has lasted longer than two weeks without a clear update on when the investigation will conclude, write to your employer and ask for a review. Set out the impact the suspension is having and request either a return to work (with adjustments if necessary) or a firm timeline. Put every request in writing. A written record protects you if the matter escalates.
Suspension buys your employer time, and the rules still bind the investigation your employer must carry out.
Suspension without pay
Suspension without pay is lawful only where your contract expressly permits it. Most employment contracts do not. Check yours.
If your employer suspends you without pay and the contract does not authorise it, you have an immediate claim for unlawful deduction from wages under Section 13 of the Employment Rights Act 1996. You do not need two years’ service to bring this claim. You can bring it from day one.
Write to your employer immediately, citing the contractual position and requesting payment. If they refuse, contact your trade union or ACAS to begin the process of recovering the wages.
Unpaid suspension is only lawful if your contract allows it, which is covered in whether your employer can change your contract.
What to do when you are suspended
Suspension often precedes a hearing, so start preparing for the disciplinary hearing now rather than later.
1. Get the suspension in writing
Your employer should provide written confirmation of the suspension, including the reason, the date it begins, any conditions (such as restrictions on contacting colleagues), and confirmation that you will receive full pay. If the confirmation is verbal only, follow up in writing and ask for it to be confirmed on record.
2. Read your contract and disciplinary policy
Check what your contract says about suspension — particularly whether it must be on full pay and whether there is a review mechanism. Check the disciplinary policy for the suspension process and any stated timeframes for investigation.
3. Contact your trade union
Do this immediately. A union representative can review the suspension letter, advise on whether the suspension is justified, accompany you at any investigation meeting or disciplinary hearing, and challenge any unreasonable conditions or delays.
4. Keep records
Save the suspension letter, all correspondence, and any notes of phone calls. Record dates, times, and what was said. These records are essential if you later need to challenge the process or bring a claim.
5. Look after yourself
Suspension is isolating. The uncertainty affects mental health. Maintain your routine where possible. Stay in contact with friends, family, and your union representative. If the suspension is affecting your health, see your GP. A medical record may be relevant if the matter reaches a tribunal.
Returning to work after suspension
If the investigation concludes with no case to answer, you should be invited back to work promptly. Your employer should confirm in writing that no further action will be taken. The suspension should be removed from your record.
Returning after suspension can feel uncomfortable. Colleagues may be aware of the investigation. Your employer has a duty to manage your return sensitively — this includes briefing relevant managers, ensuring no adverse treatment, and monitoring for any retaliation or isolation.
If you experience hostility, exclusion, or any change to your role or conditions after returning, raise it in writing. Detrimental treatment following a suspension can form part of a grievance or, if it becomes intolerable, a constructive dismissal claim.
If suspension was used as a punishment, set it out in a formal grievance letter.
Suspension on health grounds works differently, so read your rights on being dismissed while off sick.
FAQs
Can my employer suspend me without telling me why?
Your employer should give you the reason for the suspension. Refusing to explain the basis undermines the principle that suspension is a neutral, transparent act. If your employer will not disclose the reason, ask in writing and copy your union representative. A refusal to explain is itself a concern and should be challenged.
Can I work for another employer while suspended?
Check your contract. Many employment contracts contain restrictions on secondary employment. If your contract does not prohibit it, you are generally free to work elsewhere while suspended on full pay. But be careful — some employers may argue that working elsewhere during a misconduct suspension undermines the seriousness of the process. Seek advice before taking on other work.
Can I be suspended for raising a grievance?
Suspending you in response to raising a grievance would be a serious matter. If the suspension appears to be retaliatory — imposed after you complained about a colleague or manager — it could amount to victimisation. Record the timeline and raise the concern with HR or your trade union immediately.
Does suspension go on my record?
If no further action is taken, the suspension should not remain on your record. Ask your employer to confirm this in writing when the suspension ends. If the suspension leads to a formal disciplinary outcome, that outcome (not the suspension itself) is what appears on your record.
How National Employees Union can help
Suspension is the start of a process that can lead to disciplinary action, warnings, or dismissal. Getting support from the outset shapes everything that follows.
National Employees Union members get:
- Immediate advice when the suspension is imposed — what to say, what to ask for, what to avoid
- Review of the suspension terms — challenging any conditions that are unreasonable or unlawful
- Representation at investigation meetings and the disciplinary hearing
- Monitoring of the timeline — pushing back if the investigation drags without justification
- Support with [grievances](/blog/grievance-letter-template/) if the suspension itself is unfair or retaliatory
- Legal advice if the process leads to dismissal
The earlier you involve a representative, the better the outcome.
Join the National Employees Union
Membership from £15/month.
Written by the National Employees Union team. We support suspended employees through investigations and hearings across the UK. This guide is reviewed regularly and was last updated in August 2026. For advice on your specific situation, contact us.
