Paid medical suspension

Employees suspended on medical grounds because of a statutory requirement are entitled to medical suspension pay (section 64, ERA 96). This applies if there is a potential danger to health, for example, from lead, rubber, chemicals or radioactive substances. Employees who unreasonably refuse suitable alternative work lose their right to medical suspension pay, which is capped by the statutory “week’s pay” (£538 per week for 2020-21) and lasts up to 26 weeks.

Any tribunal claim must be brought within three months less one day (section 70, ERA 96). The first step is to submit an Acas EC Notification Form. For more information, see Chapter 14.

In its reps’ guide to the COVID-19 Coronavirus, the TUC draws attention to this statutory right to a medical suspension, as a negotiating aid when bargaining for full pay for workers unable to work because of the virus.