Suspended From Work: Rights During an Investigation

What suspension from work means

Suspension is a temporary instruction not to carry out work, often while an employer investigates a disciplinary or grievance issue. It should not be treated as a finding of guilt or used as a disciplinary penalty before the facts are established.

Acas advises employers not to suspend automatically. The employer should consider the risks, the individual's wellbeing and whether a less intrusive temporary arrangement could protect people, evidence or the business.

This guide covers England, Scotland and Wales and provides general information, not advice on the lawfulness of a particular suspension.

What to check in the suspension letter

• The reason for suspension and confirmation that it is not disciplinary action.
• Whether normal pay and contractual benefits will continue.
• The rules on contacting colleagues, clients or accessing systems.
• A named contact and arrangements for updates and wellbeing support.
• How and when the suspension will be reviewed.
• What confidentiality is expected and what the employer will tell other people.

Pay, benefits and holiday

Suspension during an investigation is normally on full pay with contractual benefits continuing, unless a lawful contractual basis says otherwise. Variable pay can require a closer look at the contract and the reason it cannot be earned during suspension.

Holiday can still accrue. Check how existing bookings, new requests and any sickness absence will be handled, and challenge unexplained deductions promptly in writing.

Evidence and communication during suspension

• Keep the suspension letter, policy, contract and every update from the employer.
• Write a private chronology of events and identify documents or witnesses the investigator should consider.
• Follow reasonable contact restrictions, but ask how you can obtain material needed to answer allegations fairly.
• Do not delete, alter or solicit evidence, and avoid discussing confidential allegations on social media.
• Ask for regular reviews if the suspension continues without a clear explanation of progress.

Preparing for the next stage

1. 01

   Clarify the process

   Ask whether the matter is fact-finding only or has moved to a formal disciplinary stage.

2. 02

   Request the case to answer

   Before a disciplinary hearing, seek the allegations and relevant evidence with enough time to prepare.

3. 03

   Prepare a factual response

   Address each allegation, identify missing context and provide the documents or witnesses relied upon.

4. 04

   Use representation and appeal rights

   Check accompaniment rights and appeal promptly against any formal outcome.

Suspension questions