Paid medical suspension

Employees who are suspended on medical grounds because of a statutory requirement are entitled to medical suspension pay (section 64, ERA 96).

The suspension must be the result of a statutory provision or code of practice relating to lead, radioactive substances or hazardous substances (section 64(3) ERA 96).

Employees who unreasonably refuse suitable alternative work lose their right to medical suspension pay, which is capped at the statutory week’s pay (£643 per week from 6 April 2023) and lasts up to 26 weeks.

The employee is entitled to be offered suitable alternative work if it is available before being suspended.

An individual is not entitled to medical suspension pay if they:

• are a “worker” and not an “employee”;

• have been continuously employed for less than one month;

• are incapable of work because of illness or disability;

• have unreasonably refused an offer of suitable alternative work; or

• do not comply with “reasonable requirements” to be available for work.

An employee who has not received their medical suspension pay can recover it by claiming it in an employment tribunal (section 70, ERA 96). The claim must be brought within three months of the first day of the suspension. Acas Early Conciliation applies (see Chapter 16).