Medical suspension pay

Employees suspended 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 health, for example, from lead, rubber, chemicals or radioactive substances.

Employees who unreasonably refuse suitable alternative work lose their right to medical suspension pay. Statutory medical suspension pay is capped by the statutory “week’s pay” (£475 per week for 2015-16) and lasts up to 26 weeks.

Any tribunal claim must be brought within three months (section 70, ERA 96). The first step, which is mandatory, before issuing a tribunal claim is to initiate Acas Early Conciliation. This first step must be taken within the three-month time limit. For information about Acas Early Conciliation, see Chapter 13.

There is a fee of £160 (2015) to issue a claim for medical suspension pay in the tribunal, followed by a £230 (2015) fee for a hearing. See Chapter 13 for information on fees and remission.