Suspension and Precautionary Action
These Suspension and Precautionary Action templates are designed to help employers suspend employees fairly and consistently where that is necessary during an investigation or for other precautionary reasons.
Suspension is not a disciplinary sanction in itself. In misconduct cases, it is generally used as a precautionary step while allegations are investigated, particularly where there are concerns about protecting staff, preserving evidence, or maintaining workplace safety. Employers should still act carefully and follow a fair process, including the principles set out in the ACAS Code of Practice and their own disciplinary procedures.
This collection covers suspension in a range of situations, including alleged misconduct, health grounds, pregnancy-related health risks, immigration issues, and health and safety concerns. It also includes documents for reviewing an ongoing suspension and dealing with cases where an employee resigns while suspended.
When to Use These Suspension Templates
These templates are useful where an employer needs to remove an employee temporarily from the workplace or from duties while an issue is investigated or assessed.
They are particularly relevant where suspension may be necessary to protect evidence, reduce risk to other staff, address health or safety concerns, or respond to issues affecting an employee’s ability to continue working lawfully or safely.
Managing Suspension Fairly
Employers should not treat suspension as an automatic response or as evidence that allegations are proven. The decision to suspend should be considered carefully in light of the circumstances and kept under review.
The templates in this collection help employers explain the reason for suspension, confirm that it is precautionary where appropriate, set out the employee’s position during the suspension period, and communicate any review or follow-up clearly.
Practical Support for Precautionary Action
Taken together, these documents provide a structured framework for handling suspension and related precautionary action in a clear and organised way. They can help employers maintain proper records, communicate consistently with employees, and manage risk while an underlying issue is resolved.
Suspension and Precautionary Action is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Do I have to suspend an employee who is accused of serious misconduct, or can I keep them at work during the investigation? +
Suspension is not automatic and should not be the default response to a misconduct allegation. The Acas Code of Practice states that suspension with pay should only be used where necessary, be as brief as possible and be kept under review. Most situations will not require it. Consider first whether the employee's presence genuinely risks evidence being tampered with, witnesses being influenced or harm to colleagues, and whether alternatives such as temporary reassignment would suffice. If suspension is needed, the Simply-Docs Suspension Policy and the Suspension Letter for Alleged Misconduct help you document and communicate the decision.
Does a suspended employee have to keep receiving full pay, and what happens if I stop paying them? +
Suspension pending investigation in misconduct cases should normally be on full pay. Withholding pay without a clear contractual right is likely to amount to an unlawful deduction from wages under Part II of the Employment Rights Act 1996, and may be treated as a disciplinary sanction rather than a precautionary measure, undermining the fairness of any subsequent disciplinary process. Even where a contract includes an unpaid-suspension clause, seek advice before using it, as Acas guidance makes clear that unpaid suspension carries significant legal risk. The Simply-Docs Suspension Letter for Alleged Misconduct confirms the precautionary, paid nature of the suspension.
I need to suspend a pregnant employee because of a health risk at work. What do I have to do before suspending her? +
First carry out a risk assessment, then take all reasonable steps to remove or reduce the risk. Under section 67 of the Employment Rights Act 1996, you must offer suitable alternative work, where available and on the same terms and conditions, before suspension is considered. Only if no suitable alternative exists may you suspend, and you must do so on full pay. The Simply-Docs Suspension Letter for Health Hazards during Pregnancy helps you record that this correct sequence has been followed. GOV.UK and the HSE both confirm this order of steps.
An employee I suspended on medical or health and safety grounds has been off for several weeks. How long must I pay them? +
An eligible employee suspended on medical grounds under specific health and safety legislation is entitled, under section 64 of the Employment Rights Act 1996, to remuneration for up to 26 weeks, provided they have at least one month's continuous service. It does not apply if they are incapable of work through illness or have unreasonably refused suitable alternative work. For suspension on maternity grounds (within the meaning of sections 66 to 68), section 68 provides a right to remuneration, except for any period when the employer has offered suitable alternative work that the employee has unreasonably refused. The Simply-Docs Suspension Letter for Health Grounds and Suspension Letter for Health And Safety Reasons help set out the position in writing.
How long should a suspension last, and what should I be doing while the employee is off? +
There is no statutory maximum, but suspension must be kept as brief as possible, reviewed regularly and treated as a precautionary measure rather than a disciplinary sanction, as the Acas Code of Practice on Disciplinary and Grievance Procedures requires. Allowing it to continue without good reason risks a constructive dismissal claim if the employee resigns. Maintain regular contact, keep them informed of progress and document each review. The Simply-Docs Letter to an employee reviewing a period of suspension communicates a formal review outcome.
An employee on suspension has just sent in their resignation. How should I handle this? +
Handle a resignation during suspension carefully, because an employee who resigns considering the suspension a serious breach of their employment contract may claim constructive dismissal under section 95(1)(c) of the Employment Rights Act 1996. Acknowledge the resignation in writing, confirm the notice period and any contractual obligations and consider whether the investigation should continue or be concluded. Do not assume a resignation closes the matter without risk. The Simply-Docs Letter to an employee who has resigned whilst on suspension records the position accurately. Given the constructive dismissal risk, taking legal advice is strongly recommended.
