Suspension terms

The Acas Code says that any suspension must last for the briefest period possible and should be kept under continuous review.

An employee who is suspended should receive full pay. Suspended employees continue to accrue holiday and if they fall ill they are entitled to occupational sick pay, provided they meet the normal contractual conditions for payment. While suspended, holiday should be taken during the relevant holiday year, following all the normal rules for taking holiday. Statutory holiday left untaken at the end of the holiday year is likely to be forfeited, even though the employee was suspended during the relevant period.

An employer’s decision to delay the decision to suspend, leaving the individual in post, can sometimes be used to support an argument that suspension is not necessary and cannot be justified.

Access to occupational health support should be sought, as well as stress counselling if available. Many larger employers offer Employee Assistance Programmes. Some unions also provide confidential helplines for workers suffering from stress, bullying or harassment.

Sometimes a worker’s most serious mental health problems begin after a suspension is lifted and they attempt to return to the workplace. Reps can help ensure practical and psychological support, reskilling and reintegration into the workforce is provided.