Pay entitlement during workplace suspension

This is a common question and the answer depends on several factors, but the general position is quite well established.

General legal position:

In most cases, yes, you should continue to be paid your normal salary during a period of suspension from work. This is particularly so where the suspension is imposed by the employer rather than being something you have agreed to.

There are two main types of suspension to consider.

1. Suspension on full pay during a disciplinary or investigatory process. This is by far the most common type. It is standard practice and widely expected that suspension in these circumstances is on full pay. Most employment contracts and disciplinary policies expressly state this. Even where the contract is silent, there is a strong argument that the employer has an implied obligation to continue paying you during suspension, because you remain willing and available to work and it is the employer's choice to prevent you from attending.

2. Suspension on medical or health and safety grounds. Under sections 64 to 65 of the Employment Rights Act 1996, an employee who is suspended from work on medical grounds in certain prescribed circumstances is entitled to be paid for up to 26 weeks, provided they have been continuously employed for at least one month.

Situations where pay may not continue:

If your contract of employment expressly provides for unpaid suspension, for example as a disciplinary sanction in its own right, then this may be lawful, but only if the contract clearly permits it. Even then, the ACAS Code of Practice on Disciplinary and Grievance Procedures should be followed, and unpaid suspension as a punishment is relatively unusual and can be challenged if it is disproportionate.

Practical points to consider:

Check your contract of employment and your employer's disciplinary or suspension policy first. These documents will usually set out whether suspension is on full pay. If they are silent, the default expectation is that you should be paid.

If your employer has suspended you without pay and there is no clear contractual basis for doing so, you may have grounds for a complaint. Depending on the circumstances, this could amount to an unauthorised deduction from wages under Part II of the Employment Rights Act 1996, or potentially a breach of contract. In serious cases, withholding pay without justification could amount to a fundamental breach of contract, which may entitle you to resign and claim constructive unfair dismissal, though this is a significant step and should not be taken lightly.

If you are currently suspended without pay and believe this is wrong, sensible first steps would be:

1. Write to your employer (or HR department) asking them to confirm the basis for the suspension and why pay has been withheld.
2. Refer them to the relevant contractual or policy provisions, or to the ACAS Code if they have no written policy.
3. If the matter is not resolved, consider raising a formal grievance.
4. If wages remain unpaid, you can bring a claim to an employment tribunal for unauthorised deduction from wages. The time limit for such a claim is three months less one day from the date of the deduction (or the last in a series of deductions), though early conciliation through ACAS must be started first, which pauses the clock.

If you can share the specific details of your situation, such as what your contract says and the reason for the suspension, I can give you more tailored guidance.