Sending an employee home can feel like the safest response to a serious allegation. You can suspend an employee during a workplace investigation, but you need reasonable grounds and a fair process.
Remove their access, leave the end date open and stop giving updates, and that precaution can create a separate employment law problem. Start by identifying the risk you need to control, then decide whether keeping the employee away is necessary.
When is suspension during an investigation justified?
Identify a risk you can explain
An employee suspension temporarily removes someone from work while you establish the facts. Precautionary suspension should be a neutral act that doesn’t imply guilt or assume wrongdoing.
You need a reason beyond the seriousness of the allegation. That might be a risk of evidence being deleted, witnesses feeling pressured, or someone being harmed.
Record what could happen if the employee stays at work, and why your existing controls won’t address it. Consider your contractual authority and suspension policy too. A clause allowing suspension doesn’t make every decision reasonable.
Consider temporary alternatives first
Treat it as a last resort. The Acas guidance on deciding to suspend asks employers to consider alternatives before removing someone from work.
A different shift, another workplace, temporary duties or restricted system access may control the risk. Check whether moving a complainant instead could disadvantage them or cause discrimination because of a protected characteristic.
Write down the alternatives you considered and why they weren’t suitable. Calling suspension neutral won’t protect your business if the decision or its implementation is unreasonable.
1. Confirm the suspension and its terms in writing
Hold a private conversation, explain the decision calmly, then confirm it in writing. Don’t leave the employee to work out whether they’re suspended, dismissed or expected back tomorrow.
Your letter should explain the allegations being investigated, why the measure is necessary and why alternatives weren’t suitable. Confirm that no findings have been made.
Set out pay and benefits, the anticipated duration or investigation timetable, the next review date and a named contact. If you can’t give a reliable end date, say so and explain when you’ll provide an update.
Explain the employee rights that apply to pay, benefits, contact, access to advice or representation, and review. These rights depend on the contract, workplace policy and law.
Make restrictions precise. Explain whether the employee may enter the workplace, access systems or contact witnesses, and how they’ll attend investigation meetings. Preserve relevant messages and files before changing access.
Confidentiality should protect the investigation without preventing access to advice or representation. Tell colleagues only what they need to know.
The Acas suspension process guidance also emphasises support. Agree proportionate contact and explain any available wellbeing support. Silence can add pressure without helping you establish what happened.
2. Keep pay and reviews separate from the allegation
Continue normal pay unless there is a lawful exception
Precautionary suspension is normally on full pay, with contractual benefits continuing. The Acas disciplinary guide supports keeping paid suspension brief and under review.
For misconduct investigations, follow the ACAS Code’s approach: paid suspension should be as brief as possible, reviewed and clearly distinguished from disciplinary action. Confidentiality is also part of Acas guidance.
Don’t withhold pay because the allegation involves gross misconduct. An explicit contractual provision is necessary before considering unpaid suspension, but it doesn’t automatically make withholding pay lawful. Take advice before using one.
Unreasonable treatment may contribute to a constructive dismissal claim only if it amounts to a fundamental breach of contract. The employee must resign in response.
Set review dates, not an indefinite holding period
There’s no general statutory maximum for how long it may continue. It must last no longer than reasonably necessary.
Use a documented timetable to keep decisions moving.
| Suggested checkpoint | Action to record |
|---|---|
| Day 1 | Reasons, alternatives, pay and next review date. |
| First few days | Evidence secured, interviews arranged and remaining risks. |
| Weekly thereafter | Whether suspension remains necessary and the next update. |
These are management checkpoints, not legal deadlines. Review sooner if circumstances change.
You can extend suspension when an investigation takes longer than expected. Explain the delay, confirm the revised timetable in writing and reassess alternatives. A missing witness doesn’t automatically justify keeping someone suspended.
3. Investigate both sides and record your findings
Separate the investigator from the decision-maker
Appoint an impartial investigating officer who isn’t closely connected to the incident. Where practicable, the investigator and disciplinary hearing chair should be different people. Small businesses may need external support.
The Acas investigation preparation guidance sets out how to plan this work.
Define each allegation and preserve relevant emails, CCTV, messages, rotas or access records before routine deletion removes them. Gather material that supports the employee’s explanation as well as evidence against it.
Workplace findings use the balance of probabilities, meaning more likely than not, rather than the criminal standard of beyond reasonable doubt. The investigator’s immediate task is to establish whether there’s a case to answer.
Give the employee a fair opportunity to respond
Interview witnesses separately and ask open questions. Put the substance of the allegations to the employee and explore their explanation.
Avoid anonymous witness evidence wherever possible. If anonymity is justified, retain the witness’s identity in the confidential record and redact shared copies. The employee still needs enough information to challenge the account fairly.
Record conflicting evidence rather than smoothing it into one version. Explain why you prefer one account where that affects your findings.
A misconduct dismissal must rest on a reasonable belief supported by reasonable grounds and a reasonable investigation. A report that collects only evidence of wrongdoing leaves an obvious gap.
4. Address objections, absence and external investigations
An employee who disagrees with suspension should raise their concerns informally first. Explain the reasons and consider any workable alternative they propose.
Keep the formal grievance route available. Our guidance on handling an employee grievance explains how to investigate concerns without assuming either side is right. Whether to pause or run related processes together depends on the issues raised.
If the employee won’t attend an investigation meeting, establish why. Illness, disability or uncertainty about the arrangements may require adjustments, rescheduling or written questions.
Don’t treat absence as an admission. Before proceeding without them, offer reasonable opportunities to participate, explain the consequences and take advice on the circumstances.
Breaching a clear suspension restriction may justify separate investigation. It doesn’t establish that the original allegation was true.
A police or regulator investigation doesn’t automatically require this measure or stop your internal process. Assess workplace risks and avoid prejudicing external enquiries. Bail restrictions or custody can raise separate attendance and pay questions.
Our guidance on managing an employee’s arrest explains why arrest alone isn’t enough to justify suspension or dismissal.
5. End the suspension with a written decision
Your investigation report should identify the allegations, evidence reviewed, interviews completed, disputed facts, findings and whether there’s a case to answer. Record any limitations.
If no further action is needed, bring the measure to an end promptly and confirm this in writing. Agree the return to work date, restore access and address support or working relationships without presenting the return as a disciplinary outcome.
If there’s a case to answer, use a separate disciplinary process. Termination may be a possible outcome where appropriate.
The Acas fair procedure guidance applies even where gross misconduct is alleged. Hear the employee’s response before deciding, communicate the outcome in writing and offer an appeal.
A tribunal can increase a relevant compensation award by up to 25% for an employer’s unreasonable failure to follow the ACAS Code. A fair process protects your decision and legal position, and can reduce the risk of an unfair dismissal claim.
Key takeaways
- Record the risk and rejected alternatives before suspending someone.
- Confirm the terms in writing, normally maintain full pay and review whether suspension remains necessary.
- Gather evidence fairly, communicate the result and use a separate disciplinary hearing where there’s a case to answer.
Frequently asked questions
Does suspension mean the employee will be dismissed?
No. It is a temporary precaution while facts are established, not a finding or a decision to dismiss. The outcome may be no further action, informal action or a disciplinary hearing. Even suspected gross misconduct requires a fair investigation and an opportunity to respond before any dismissal decision.
Can an employee record an investigation meeting?
Agree recording arrangements in advance. Acas cautions that audio or video recording can discourage open discussion, so written notes are often preferable. Recording should follow policy and be agreed by everyone involved. Covert recording may create misconduct or trust issues; don’t assume it’s harmless.
Is there a right to a companion?
There’s generally no statutory right at a disciplinary investigation meeting, although allowing one is good practice. A contract, policy or reasonable adjustment may provide one. At a qualifying disciplinary hearing, the employee can bring a colleague or an eligible trade union representative.
How long does an employee have to bring a claim?
Most employment tribunal claims have a deadline of three months less one day, usually measured from dismissal or the act complained of. The calculation depends on the claim. Acas Early Conciliation affects time limits, but an internal grievance or appeal doesn’t itself stop the clock.
Keep the decision, evidence and advice together
Suspension needs a recorded reason, proportionate restrictions and regular review. Employment protection depends on the process you follow after sending someone home.
We’re employment law specialists, and our employment protection solution was created by award-winning lawyers. It brings human resources consultancy, software, learning and insurance-backed tribunal cover of up to £250,000 together, subject to policy terms and following our advice.
Book an intro call to discuss keeping your advice, records and decisions connected before a difficult employee matter becomes a claim.