You Have Been Suspended From Work
Suspension is not the same as dismissal or a finding of misconduct. It should be a short, neutral act taken pending investigation — but you still have rights, including the right to continue being paid.
Quick Answer
Suspension is generally a neutral act, not a disciplinary sanction, and you should continue to receive your full pay unless your contract expressly allows suspension without pay. It must be reasonable and necessary — not punitive — and should be kept as short as possible. The Court of Appeal confirmed in Agoreyo v Lambeth LBC [2019] that suspension is not automatically a breach of contract, but an oppressive or unreasonable suspension can be.
Full Explanation
Suspension pending a disciplinary investigation is a standard feature of many workplace procedures, but it is not without legal limits. The starting point is your contract of employment: does it contain an express power to suspend? Most contracts do, but even an express power must be exercised reasonably. If there is no contractual power, suspension without pay is likely to be an unlawful deduction from wages under the Employment Rights Act 1996, s.13.
The Court of Appeal's decision in Agoreyo v London Borough of Lambeth [2019] EWCA Civ 322 confirmed that suspension is a neutral act and is not, without more, a repudiatory breach of the implied term of trust and confidence. However, the court also confirmed that an employer must have reasonable and proper cause for suspending an employee. A suspension imposed as a knee-jerk reaction, without proper consideration of alternatives, or for an ulterior purpose (such as to pressurise the employee into resigning) may cross the line.
During suspension, you are entitled to full pay (in the absence of a contrary contractual term), to be told the broad reason for the suspension, and to have the matter resolved as quickly as possible. Many ACAS guidance documents stress that suspension should be kept to the minimum period necessary and reviewed regularly. An investigation that takes three months while you sit at home is often indicative of a poorly managed process.
You also retain your right to be accompanied at any subsequent disciplinary hearing (under the Employment Relations Act 1999, s.10) and to receive copies of the evidence relied upon. Suspension does not deprive you of any statutory rights — it simply puts the employment relationship on pause pending the outcome of the investigation.
If the suspension is oppressive — for example, if you are barred from contacting colleagues in a way that prevents you from gathering your own evidence, or if it drags on for months without review — you may have grounds to raise a formal grievance, and potentially to resign and claim constructive dismissal if the breach of trust and confidence is sufficiently serious.
Legal Basis
- §Employment Rights Act 1996, s.13 (unlawful deductions from wages)
- §Agoreyo v London Borough of Lambeth [2019] EWCA Civ 322
- §ACAS Code of Practice on Disciplinary and Grievance Procedures (2015)
- §Employment Relations Act 1999, s.10 (right to be accompanied)
What To Do
Read the Suspension Letter Carefully
Check: (1) whether the letter confirms your pay continues; (2) whether it states the broad reason for suspension; (3) whether it imposes any conditions (e.g. not contacting colleagues). Note any conditions that may hinder your ability to prepare a defence.
Confirm Your Pay in Writing
If the letter does not expressly confirm that you will be paid during suspension, write to HR immediately to ask. If pay is withheld and your contract does not authorise this, you have a claim for unlawful deduction from wages.
Request the Grounds and Expected Timeline
Write to HR asking: (1) the specific allegation being investigated; (2) when the investigation is expected to conclude; (3) who the investigating manager is. Keep copies of all correspondence.
Consider Raising a Grievance if the Suspension Is Oppressive
If the suspension is disproportionate, indefinite, or appears punitive, raise a formal written grievance. This creates a paper trail and may accelerate the investigation. It also protects your constructive dismissal claim if matters deteriorate.
Seek Advice from ACAS or a Trade Union
Contact ACAS (0300 123 1100) or your trade union representative. They can advise on whether the suspension is handled properly and support you at the subsequent disciplinary hearing if one is held.
Important Deadlines
Important Warnings
Do not discuss the matter with work colleagues during suspension — any breach of confidentiality conditions can itself become a disciplinary matter.
Even if you feel the suspension is unfair, do not resign in the heat of the moment — a constructive dismissal claim requires you to have exhausted the internal process first in most cases.
A suspension that continues for many months without progress may indicate the employer has no real case — document the delay carefully.