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” (£479 per week for 2016-17) and lasts up to 26 weeks. 


Any tribunal claim must be brought within three months (section 70, ERA 96). As with all tribunal claims except a claim for interim relief, the first step, which is mandatory, before issuing a tribunal claim, is to submit an Acas Early Conciliation Notification Form. This must be done within the three-month time limit. For information about Acas Early Conciliation, see Chapter 13.


There is a fee of £160 to issue a claim for medical suspension pay in the tribunal, followed by a £230 fee for a hearing. See Chapter 13 for information on tribunal fees and “Help with Fees”.