- What does it mean to be suspended?
- Suspension for medical or health and safety reasons
- Suspension if you are pregnant
- Suspension as part of a disciplinary procedure (investigation)
- Pay while you are suspended
- Employment rights while you are suspended
What does it mean to be suspended?
A suspension is when you remain employed but are asked to not attend your place of work, or engage in any work at all (such as working from home).
There are two main types of suspension:
- suspension for medical or health and safety reasons;
- suspension as part of a disciplinary procedure (investigation).
Suspension for medical or health and safety reasons
You may be suspended if your job is posing a risk to your health or safety. For example, if you develop an allergic reaction to chemicals you are exposed to while working.
In these situations, your employer can offer you an alternative job that reduces the risk, even if this is not stated in your contract. If this alternative job is reasonable, you cannot choose to be suspended instead.
Length of suspension: You can be suspended for medical or health and safety reasons for up to 26 weeks on full pay as long as you have been employed for at least one month.
Suspension if you are pregnant
If you are pregnant your employer must complete a risk assessment of your job and working conditions to eliminate any health and safety risks to you and your baby. If they cannot provide you with a reasonable and safe alternative to your job then they can suspend you on full pay.
Length of suspension: You can be suspended for the duration of your pregnancy or as long as there is a health and safety risk to you or the baby and there is no suitable alternative to avoiding that risk.
Suspension as part of a disciplinary procedure (investigation)
You may be suspended on full pay if allegations of misconduct have been made against you and are being investigated. Suspension on full pay is not a punishment, but part of the investigation process in a disciplinary procedure for many employers.
Your employer should give you a clear reason for the suspension and explain what other options have been explored instead of suspension. If you are suspended because of allegations against you, you are entitled to know what the allegations are.
Length of suspension: Your employer needs to do what they can to resolve the issue swiftly and keep the suspension to a minimum. Your employer should keep the suspension decision under review.
Pay while you are suspended
Unless there is a clause in your contract that says your employer can suspend you without pay, you should receive full pay while you are suspended. Most suspensions are on full pay, even when part of a disciplinary process. Whether payments such as overtime or commission are included depends on the precise wording of an employment contract.
If you are suspended for medical or health and safety reasons then you should always receive full pay.
Employment rights while you are suspended
You remain an employee so retain your employment rights while you are suspended.
As a condition of your suspension, your employer may prevent you from speaking to fellow employees and clients/customers of the business. This is lawful unless you can show that it interferes with your ability to answer any allegations that have been made against you.
Key facts
- Suspension is when an employee is sent home from work, usually while receiving full pay. You can be suspended if you are being investigated for misconduct, for health or safety reasons, for example, because you are pregnant.
- Suspension is often part of an organisation’s disciplinary procedure, to allow an investigation to take place.
- Employees can be suspended for medical or health and safety reasons.
- You remain an employee and your employment rights continue while you are suspended.
FAQs
Suspension
Can I be suspended for other reasons?
Suspension can also occur to protect employees when health and safety issues arise in the workplace, or for medical reasons.
Can I be suspended if I’m pregnant?
Yes, your employer can suspend you on full pay if there is a health or safety risk to you or your baby and they are unable to provide you with alternative work.
Can I be suspended without pay?
Yes, if this is specified as a condition of your contract, and your employer can make a reasonable case for it.
Do I lose my employment rights if I’m suspended?
No, even if you are suspended without pay, your other employment rights continue.
Is suspension a punishment for misconduct?
No, suspension from work is not usually a punishment. Typically, employees are suspended while allegations of misconduct are investigated.
Resources
- man with head in hands. Credit: Chris Taylor30 October 2012
FAQs
What does it mean to be suspended? A suspension is when you remain employed but are asked to not attend your place of work, or engage in any work at all (such as working from home).
What does it mean when your job puts you on suspension? ›
Employee suspension is a step in the progressive discipline process that removes an employee from the workplace when performance issues, misconduct, or serious incidents necessitate a review and decision about retaining the employee.
What do you say when you are suspending an employee? ›
Telling the person you're suspending
- explain the reason for their suspension.
- make clear it does not mean you have decided they've done something wrong.
- make clear you will listen to their point of view and consider it before making any decisions.
- set out what the next steps will be.
A suspended California employee has the right to know the reason for the suspension, and the details of the decision, including how long, and whether they will be compensated while they are away.
Has anyone returned to work after suspension? ›
Has anyone returned to work after suspension? Yes, many employees have returned to work after suspension. Suspensions are often used as a disciplinary measure, and in many cases, employees are allowed to return to work once the suspension period has ended, and any necessary conditions or requirements have been met.
Can you quit a job if you are suspended? ›
Yes, you can resign while you're suspended from your job. However, it's important to consider the potential consequences and consult with legal or HR experts if needed before making any decisions.
How long does a suspension job last? ›
The lifespan of suspension components varies depending on factors such as driving conditions, vehicle type, and quality of components. As a general guideline: - Shock absorbers/struts: 50,000 to 100,000 miles. - Control arms: 90,000 to 100,000 miles.
What is unfair suspension? ›
On the other hand, what is an unfair suspension from work? - Not receiving your remuneration during a precautionary suspension. - Your suspension is unreasonably long. - Your employer cannot justify the reasons for your suspension.
What is the difference between suspension and termination? ›
Termination is where the employment ceases. You are still employed if you are suspended. Suspension is rare and will end either with the employee being brought back to work or with his termination.
What's the longest you can be suspended from work? ›
There is no specific legal limit on the duration of a suspension; however, it should be as short as possible and regularly reviewed. The suspension period should only last as long as necessary to complete the investigation or address the issue at hand. Will an employee be paid during suspension?
A suspension without pay for an indefinite amount of time can amount to a termination. Employees don't have to wait months or years to apply for unemployment or start applying for another job. If it's a suspension with pay, that's not a termination. Ask what you are expected to do during the suspension.
Do you get paid while on suspension? ›
Therefore, where a disciplinary allegation is raised, an employer should only suspend the employee where it is reasonably warranted. In almost all such cases the employee should continue to receive full pay and be clearly told why they are being suspended.
Does suspension usually lead to termination? ›
A temporary suspension of the worker is usually sufficient to rebuild the worker's stake, which allows the productive relationship to resume without terminating.
Can you be suspended without a warning? ›
When conducting a disciplinary procedure following an incident of alleged gross misconduct, the first action you can take is to suspend the employee without a warning. It's to allow a proper investigation into the incident.
Can I resign while on suspension? ›
Employees sometimes resign on being suspended and charge the employer at CCMA with constructive dismissal. However, the employee will not easily succeed with such a charge because such an employee is obliged to go through the disciplinary process rather than resign.
Is suspension the same as termination? ›
Both mean your boss has found a serious fault with you, and both mean you can't come to work for at least awhile. But suspension is temporary. Termination is permanent.
Does suspend mean terminate? ›
There is a very big and clear difference between a suspension and a dismissal. A dismissal brings the employee's employment to a permanent end; but a suspension does not have this effect. Instead, a suspension only temporarily pauses the employee's right to provide services to the employer.
Is suspended the same as dismissed? ›
Suspension is defined as a sanction imposed for disciplinary reasons that results in a student leaving school for a fixed time period, less than permanently. Dismissal from a college for disciplinary reasons is defined as permanent separation from an institution of higher education on the basis of conduct or behavior.
How many suspensions before fired? ›
There's no maximum number of suspensions, not average number, before an employer decides to fire an employee for misconduct on the job.
