Medical suspension pay

Employees suspended by their employer on medical grounds because of a statutory requirement are entitled to medical suspension pay (section 64, ERA 96). This applies where there is a potential danger to a worker’s health, for example, from lead, rubber, chemicals or radioactive substances.

Employees who unreasonably refuse suitable alternative work will lose their right to medical suspension pay. The statutory right to medical suspension pay is capped by the statutory “week’s pay” (see Chapter 10: Compensation) and is currently set at a maximum of £450 per week (2013-14).

Contractual earnings are offset against this and the maximum period of entitlement is 26 weeks. Employees who have been refused medical suspension pay must lodge their claim with the tribunal within three months (section 70, ERA 96).