How to Suspend an Employee: What UK Employers Must Do

When serious misconduct comes to light, the instinct is to act immediately. For a trades employer whose employee has access to a customer's home, a company van or job records, keeping that employee at work during an investigation can feel untenable. Suspension is the right tool in these situations - but only when the circumstances justify it and only when it is handled correctly. Get it wrong and the suspension itself becomes a legal issue alongside the underlying misconduct.

When suspension is appropriate

Suspension is appropriate when keeping the employee at work during the investigation creates a genuine and specific risk. The risk does not have to be physical. The following situations justify suspension.

The allegation is so serious that the relationship has temporarily broken down. Theft, violence or a major safety breach can make it impossible to have the employee on a job site or in a customer's home while you are still gathering facts.

The employee could tamper with evidence. If the investigation relies on job records, tools, equipment or witness accounts that the employee could access and alter, removing them from the workplace protects the integrity of the investigation.

The employee's presence could intimidate witnesses. In a small team where everyone works closely together, the presence of someone under investigation can prevent colleagues from speaking freely.

There is a risk of further misconduct. If the allegation is that an employee has been stealing from customers and you are still investigating, leaving them with access to another customer's premises is a clear and ongoing risk.

When suspension is not appropriate

Suspension is not automatic and should not be treated as a default response. The ACAS Code of Practice makes clear that it should not be a knee-jerk reaction to every disciplinary situation.

For minor conduct issues that do not involve a risk to evidence, property or people, suspension is disproportionate. An employee who has been persistently late or has had a minor dispute with a colleague does not need to be suspended while you investigate.

Click here if you need to know how to handle a no show employee. Unnecessary suspension adds to the severity of the situation, can damage morale in a small team and can itself be challenged. A suspension that is found to have been unjustified, particularly if it was prolonged, can contribute to a constructive dismissal claim.

How to suspend correctly

If the decision to suspend is made, follow these steps.

Notify the employee verbally first. Tell the employee in person that you are suspending them pending an investigation, that the suspension is on full pay, that it is a neutral act rather than a disciplinary sanction and that you will confirm everything in writing.

Follow up in writing on the same day. Do not leave the suspension verbal. The suspension letter must confirm:

• →The date the suspension starts
• →That it is on full pay
• →That it is a neutral act and not a finding of any wrongdoing
• →What the employee should not do during the suspension: attending the workplace or contacting colleagues or customers without prior agreement
• →The expected duration or review date
• →Who to contact during the suspension

Maintain confidentiality. Tell only the people who need to know. Do not allow the reason for the suspension to circulate in the team. The employee has not been found to have done anything wrong at this stage and should not be treated as though they have.

Stay in contact. Check in with the employee during the suspension and keep them updated on the progress of the investigation. Leaving someone suspended and completely in the dark for two weeks is poor practice and has been found relevant by courts when assessing whether an employer acted fairly.

Pay during suspension

The default position is that suspension is on full pay. This includes basic pay and any contractual regular payments such as shift allowances or guaranteed overtime. It does not include discretionary bonuses the employee would not have earned during a period of non-attendance.

If your employment contract includes a specific provision for unpaid suspension, that provision must have been clearly drafted and drawn to the employee's attention before employment began. Even then, applying it without advice is a risk. An unpaid suspension that is later found to be unlawful becomes a wages claim on top of anything else.

Trades-specific considerations

For trades employers, suspension raises practical issues that are more acute than in office-based work.

Access to customer premises. If the suspended employee has keys, access codes or an established relationship with a customer's property, you need to manage this immediately. Contact the customer to advise that their point of contact has changed, without disclosing why and arrange for access to be transferred or secured.

Company tools and vehicles. Suspended employees should return company tools, vehicles and equipment during the suspension. Confirm this in the written notice. A suspended plumber who retains the company van and £3,000 of specialist equipment creates both a practical problem and an ongoing liability.

Customer relationships. In trades businesses, individual employees often hold direct relationships with repeat customers. If the employee is suspended and customer calls are going to them directly, you need to redirect those calls promptly without explaining the situation to the customer in a way that could prejudice the investigation.

Sub-contractors and site access. If the employee is working on a site with a main contractor and has access through a site pass, you will need to manage that access separately. Notify the site manager that the employee will not be attending, without disclosing the reason.

What not to say or do during the suspension period

Do not suggest that the outcome is predetermined. Telling the employee "this is just a formality and you are going to be dismissed" before the investigation is complete is evidence of a predetermined decision. It will significantly damage your position at tribunal if the case proceeds.

Do not discuss the investigation with other employees in a way that compromises confidentiality or implies a conclusion has already been reached. Team members who hear that a colleague has been suspended often assume the worst. Manage those conversations carefully.

Do not extend the suspension indefinitely without genuine reason. Review it at the stated interval, progress the investigation promptly and update the employee when you do.

Do not treat the suspension as a punishment. If the investigation concludes that no misconduct occurred, the employee returns to work with no adverse consequences from the suspension period.

How Birchlow helps

Birchlow generates a legally compliant suspension letter automatically. The letter includes all of the required elements: confirmation of full pay, the neutral framing required to avoid the suspension being treated as a sanction, restrictions on workplace contact and the review date. You personalise the specific allegation reference and send.