‘Can I suspend an employee and how do I do it?’: A Fair and Practical Guide
- Robinson Grace HR
- Jul 24, 2022
- 5 min read
Updated: Sep 4
‘Can I suspend an employee and how do I do it?’
Suspending an employee can feel daunting. Many business owners ask us: “Can I suspend someone, and if so, what’s the right way to do it?”
The truth is that suspension is sometimes necessary but it’s not something to rush into. Here’s what you need to know about the employee suspension process, when it should be used, and how to handle it fairly.
What does ‘suspension’ mean in the workplace?
Suspension means asking an employee to step away from work for a period. This usually happens because:
there’s a potential case of misconduct or gross misconduct, or
there are health concerns that make it unsafe for them to continue working.
During suspension, the employee is still employed by you. They remain on full pay, keep their benefits, and continue to build up annual leave. It’s a temporary measure, not a disciplinary outcome.
When should you consider suspending an employee?
Suspending staff should never be your first move; take time to consider and discuss with an HR professional. Your disciplinary policy is likely to include suspension as an option. The decision to suspend very much depends on the individual case and the approach should be consistent.
The key question is: Is it necessary right now?
Ask yourself:
Could the employee’s presence be a risk to colleagues or the business?
Could they interfere with or compromise a misconduct investigation process?
Are there alternatives, like moving them to another role or letting them work from home?
In the case of a medical reason, it is always advisable to refer to a medical professional, often occupational health.
In the past, suspension was often automatic. Today, it is only used when essential.
And remember, an investigation should already be underway before suspension is considered, otherwise, as an employer, you would be acting on hearsay.
Once the investigation has started, and if information comes to light or is confirmed that leads you to believe that it would not be appropriate for the employee to be removed from their usual team, responsibilities or place of work, think about whether there are other options.
Every case is different and should be evaluated depending on the circumstances and seriousness.
Suspending an employee as part of the disciplinary process can provide a better opportunity for a robust investigation to be conducted, where in some cases an employee’s continued presence at work could impede the investigation.
How should you suspend an employee?
If suspension is necessary, it’s best to meet with the employee face to face. These conversations can be upsetting, so handle them with care. It also helps to put support in place. For example, you might assign a “buddy”, someone neutral who can check in with the employee during the process. This should be someone they feel comfortable with, and equally, someone who is comfortable taking on that role.
If meeting in person isn’t possible, a virtual meeting is the next best option. You don’t need to give advance notice of suspension, though by this stage the employee will usually be aware of the issue.
In the meeting:
explain clearly why the suspension is happening,
outline what it means in practice, including what the employee can and cannot do during this period,
confirm that a written letter will follow with all the details,
This helps the employee understand exactly what’s happening and what to expect.
One of the first questions employees ask is: “How long will I be suspended for?”
If your disciplinary policy includes a timeframe, follow that. If not, the guiding principle is to keep suspension as short as possible. It’s important the employee knows that suspension is not an outcome and does not imply guilt, it’s simply part of the process.
You’ll also need to think about practical arrangements, such as whether to restrict access to company systems, take back work devices, or limit contact with colleagues while the investigation is ongoing. Each situation is different, so consider what makes sense in your specific case.
What to tell colleagues if someone is suspended?
When an employee suddenly disappears, colleagues notice. Without information, colleagues ask questions and rumours spread quickly.
Confidentiality is crucial, but sometimes a short, carefully worded message is the best way to calm speculation. If you do share something, keep it brief and professional, discretion needs to be used to produce appropriate wording to strike the right balance of just saying enough to manage the situation and not giving confidential information away. Let the suspended employee know about any such communication.
How to lift a suspension and support an employee’s return
Suspension is not permanent. It can be lifted at any point during the investigation or once a decision has been made. Always confirm the end of suspension in writing, confirming the end date of the suspension.
Returning to work can feel uncomfortable for the employee. Plan ahead to support them, think about how they’ll manage questions from colleagues and how you can help them reintegrate. The “buddy” who supported them during suspension can play a valuable role here too and monitor them how they are settling back in.
Annual leave and sickness during suspension
Annual leave booked before suspension: the employee should still be able to take it.
New leave requests during suspension: handle these through your usual holiday process.
If the employee is signed off sick: they should follow your normal sickness reporting rules. The suspension continues alongside their sick leave.
Remember the employee may be needed to take part in the investigation process. Even though they are suspended, they must remain available throughout, so annual leave may not be appropriate.
Key takeaways for employers
Suspending an employee is serious, but it doesn’t have to be complicated if handled properly. Remember:
Don’t suspend automatically — consider alternatives first
Only suspend once the investigation process has started
Keep the suspension period short and maintain clear communication
If you’re unsure whether suspension is the right step, for support and guidance, simply pick up the phone to discuss what you might need 01793 311937 or email us via clientservices@robinsongracehr.com.
Frequently Asked Questions:
1. How long can an employee be suspended?
Keeping suspension as short as possible is crucial. In disciplinary investigations, suspension can last just a day or possibly longer, but any period longer than a week may raise legal concerns, such as claims for unpaid wages or risks of de facto termination. Where suspension is based on health and safety requirements or medical clearance (such as for pregnant employees), it can extend up to 26 weeks on full pay, assuming the employee has been with the company for at least one month.
2. Are employees paid during suspension?
Yes, they usually are. Suspension is generally a paid period unless the employment contract or company policies explicitly allow unpaid suspension. Importantly, suspending an exempt employee without pay may compromise their exemption status, so this must be approached with care
3. Can an employee challenge or appeal their suspension?
Absolutely. Employees typically have the right to challenge or appeal suspensions, especially when they feel there's no fair cause. They should follow the company’s formal grievance or appeal procedures and have the opportunity to respond during the investigation process. This promotes a fair, transparent employee suspension process and helps uphold trust and morale.
Check out other blogs in our series:
The content of our blogs is intended for general information and not to replace legal or other professional advice.
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