Suspending an Employee Pending Investigation

Suspending an employee pending investigation may sometimes help an employer protect evidence, witnesses or the workplace while it examines serious allegations.

However, suspension should not be an automatic response to misconduct allegations. Employers should consider the individual circumstances, explore alternatives and explain clearly that suspension is not a disciplinary penalty.

A poorly handled suspension can damage trust, affect the employee’s wellbeing and increase the risk of an employment dispute.

What does suspending an employee pending investigation mean?

Suspension temporarily removes an employee from their normal duties while the employer investigates a workplace issue.

The employee usually remains employed and continues to receive their normal pay and contractual benefits. Therefore, suspension does not amount to dismissal and should not indicate that the employer has already decided the outcome.

An employer may consider suspension during a disciplinary or grievance investigation. However, it should only use this step where there is a genuine reason to do so.

When might suspension be appropriate?

Suspending an employee pending investigation may be reasonable where the employer believes the employee’s continued presence could create a serious risk.

Possible reasons include:

• a risk that the employee may interfere with evidence;
• concerns that the employee could influence witnesses;
• a risk to customers, colleagues or other individuals;
• serious allegations involving violence, harassment or dishonesty;
• a risk to confidential or commercially sensitive information;
• concerns about property, systems or financial records; or
• a serious breakdown in workplace relationships.

Nevertheless, the seriousness of an allegation does not automatically justify suspension. The employer should assess the actual risk rather than relying on assumptions.

Suspension should not be automatic

Employers sometimes suspend employees immediately after receiving an allegation of gross misconduct. This approach can create problems.

Suspension may appear punitive if the employer cannot explain why it was necessary. It may also suggest that the employer has already formed a view about the employee’s guilt.

Before suspending an employee pending investigation, the employer should ask:

• What risk would arise if the employee remained at work?
• Is there evidence supporting that risk?
• Could the employer manage the risk in another way?
• How long is the investigation likely to take?
• How will suspension affect the employee and the workplace?

The employer should record its reasoning. This can help show that it considered the decision carefully rather than treating suspension as routine.

Alternatives to suspending an employee pending investigation

In many cases, an employer can protect the investigation without removing the employee from work completely.

Possible alternatives include:

• temporarily changing the employee’s duties;
• moving them to another workplace or department;
• allowing them to work from home;
• changing their working hours;
• restricting access to particular systems or records;
• preventing contact with specific colleagues or customers; or
• providing additional supervision.

Any temporary change should be reasonable and proportionate. Employers should also check the employment contract before changing duties, hours or workplace arrangements.

Our article on managing employee misconduct procedures explains how employers can deal with allegations through a structured process.

How should an employer confirm suspension?

Once the employer decides that suspension is necessary, it should tell the employee promptly and sensitively.

Where possible, the employer should speak to the employee before sending written confirmation. During that discussion, it should explain:

• the general nature of the allegation;
• why suspension is necessary;
• that suspension is not disciplinary action;
• that the employer has not decided the outcome;
• the employee’s pay and benefits arrangements;
• any restrictions that apply during suspension;
• who the employee can contact; and
• when the employer will review the suspension.

The employer should then confirm these details in writing. Clear communication can reduce uncertainty and help prevent the employee from believing that dismissal is inevitable.

Pay and benefits during suspension

Employers should normally continue paying the employee their usual salary and contractual benefits throughout suspension.

Stopping or reducing pay may create claims for breach of contract or unlawful deductions from wages. This risk may remain even where the employment contract appears to allow unpaid suspension.

Therefore, employers should take legal advice before withholding any part of the employee’s normal remuneration.

Keeping suspension as short as possible

Suspending an employee pending investigation should remain a temporary measure. The employer should conduct the investigation promptly and avoid unnecessary delays.

There is no fixed maximum period for suspension. However, the employer should review it regularly and end it when the original reason no longer applies.

Each review should consider:

• the progress of the investigation;
• whether the identified risks still exist;
• whether an alternative arrangement has become possible; and
• the likely timescale for completing the process.

The employer should update the employee even where there has been little progress. Long periods without communication can increase anxiety and damage the employment relationship.

Contact and confidentiality during suspension

The employer should nominate a manager or HR contact who can answer the employee’s questions and provide updates.

It may also ask the employee not to discuss the investigation with colleagues. However, any restriction should remain reasonable. The employee may need to speak to a trade union representative, workplace companion or legal adviser.

Employers should protect confidentiality wherever possible. They should only share information with people who need it for the investigation or workplace management.

Carrying out the investigation fairly

Suspension does not remove the need for a fair and impartial investigation.

The investigator should gather relevant documents, speak to witnesses and allow the employee to respond to the allegations. Where possible, the investigator should not be the person who later chairs any disciplinary hearing.

If the investigation identifies a disciplinary case to answer, the employer should invite the employee to a separate hearing. It should provide the relevant allegations and evidence in advance.

Employers can read more about the wider process in our article on disciplinary procedures for employers.

Ending the suspension

The employer should end the suspension as soon as it is no longer necessary.

If no further action is required, the employer should confirm this and plan the employee’s return carefully. It may also need to address workplace rumours or rebuild relationships with colleagues.

If the matter proceeds to a disciplinary hearing, the employer should decide whether continued suspension remains necessary. It should not continue simply because suspension has already begun.

Common suspension mistakes

Employers increase their legal risk when they:

• suspend automatically after every serious allegation;
• fail to consider alternatives;
• describe suspension as a punishment;
• stop pay without taking advice;
• allow the investigation to drift;
• fail to review the decision regularly;
• leave the employee without updates; or
• treat the allegation as proven before the hearing.

Advice on suspending an employee pending investigation

Suspending an employee pending investigation can protect a fair process where genuine workplace risks exist. However, employers should use it cautiously, explain their reasoning and keep the decision under regular review.

EBS Law helps employers assess whether suspension is necessary, prepare appropriate correspondence and manage disciplinary investigations fairly.