How long can you be suspended from work pending investigation?

I've been suspended from work pending investigation. What are my rights?

It can be incredibly confusing if you have been suspended from work pending an investigation. It can create fears about finances and your employment status. In the midst of these worries, it is helpful to remember that you do still have employment rights, and you are still entitled to certain things from your employer.

The first and most important thing to understand is that if you’ve been suspended pending an investigation, there is yet to be a decision made about whether you were at fault for the circumstances leading to your suspension. Due to this, you still retain your employment rights and benefits, including your entitlement to your full salary (unless your employment contract states differently).

In this article, we explore what being suspended from work pending investigation means for you and your employment rights, and what you can do to protect yourself and your career throughout the investigation process.

What does suspended from work pending investigation mean?

If you have been suspended pending an investigation, it simply means that there has been an incident, or allegations of an incident, and your employer has yet to determine if you are at fault. While you may be cleared of any wrongdoing following the investigation, allowing you to return to work, you could be found at fault down the line and face disciplinary action as a result.

Being suspended from work pending an investigation means you will be temporarily removed from your workplace responsibilities and will not be allowed on work premises while the company completes an investigation. In some cases, you may also be prevented from communicating with your colleagues while the investigation in ongoing.

This course of action may be taken due to the issue employers are investigating, such as:

• Allegations of misconduct
• Performance issues
• Gross misconduct
• Health and safety concerns
• Previous interference with an investigation
• Breach of trust

While a suspension can highlight the seriousness of the situation, it is important to remember that your superiors suspending you is not a punishment or an assignment of blame. It is to allow them to conduct a thorough and fair investigation without any presence that could impact how impartial the result could be.

How long can you be suspended from work pending investigation?

The length of a person's suspension from work is at the discretion of the employer and there is no legal limit on how long this can be. Because of this, it falls to the employers to keep it as short a time as possible and to regularly assess whether the suspension is still necessary.

As a general rule, however, the length of the suspension will be linked to how long the investigation takes. This in turn will depends on the complexity of the case and how long it takes to gather information and conduct interviews.

Your employers should keep an open line of communication with any suspended employee(s) as to how long the suspension will be. Excessively long suspensions or unjustified suspensions may cause an employee's well-being to suffer and can lead to claims of constructive dismissal or breach of contract.

If I've been suspended at work, will I get fired?

If you have been suspended from work pending an investigation, it doesn’t necessarily mean that you are going to be fired.

The purpose of the investigation is to determine if any allegations against you are true. If it is found that you are at fault, it is possible that you could be dismissed from your role, though it is just one of a few potential outcomes. Others could include:

• No further action: return to work with no changes (where you’ve been found not at fault)
• Return to work with adjustments: modifications to duties, or environment, particularly if the suspension was related to safety concerns
• Disciplinary action: written, verbal and final warnings

It is important to remember that an investigation is a part of a process, not the end result, and until the investigation is concluded, no definitive actions like the ones mentioned above can be taken.

What are my rights as an employee being suspended from work?

As suspensions are inherently temporary, while you are suspended you retain your right to full pay and workplace benefits such as bonuses, unless it is explicitly stated otherwise in your employment contract. Further to this, you have other rights specifically regarding your suspension.

Firstly, you are entitled to know the allegations against you and the purpose of the investigation. You should also have an understanding of why your employer feels your suspension is necessary to the investigation.

Further to this, you have the right to an unbiased and timely process, meaning your employer has a responsibility to conduct a fair and thorough investigation, keeping your suspension as short as possible. You should also be kept up to date with the progress of the investigation.

During the suspension or following the outcome of the investigation, you have the right to raise a grievance about the process or appeal any decisions made regarding disciplinary action, including if you believe you’ve been unfairly dismissed. You can challenge a suspension you feel was unfair or raise concerns about how the suspension was handled.

Your organisation's disciplinary and grievance policy should tell you how to appeal. If not, you should raise your appeal in writing to your employer.

What to do if you've been suspended from work

In the initial stages of your suspension, you should gain an understanding from your employer as to why this is happening and clarify the reasons for the investigation and suspension.

You should also review your workplace policies and your contract to understand what rights still apply to you regarding salary and benefits. There may also be policies dictating how to conduct yourself during your suspension, including not contacting your colleagues, not participating in any work even if you are able to work remotely, and making sure you are available to return to work at any time if the investigation concludes.

If you feel that your suspension is unfair or could lead to unfair dismissal, you should consider contacting an experienced employment lawyer, who can offer advice specific to your situation and offer guidance on the best course of action.

Preparing for the outcome of the investigation

When preparing for the outcome of the investigation, it is important to understand what could potentially happen and what you can choose to do in the face of different outcomes.

If the investigation yields the conclusion that no further action is needed, you can continue your job in the same way you did before you were suspended. Some adjustments might be made to your duties upon your return, either as part of a disciplinary action or as a corrective measure based on problems identified in the investigation. Should you feel that these adjustments are unfair, you can appeal them or raise a grievance.

Instead of returning to work, or returning to work with adjustments, there may be formal disciplinary action. Depending on the severity of the investigation findings, the consequences could range from warnings to dismissal. If you consider your dismissal to be unfair, you should contact an employment law specialist who can support you in making your case at an employment tribunal.

How Slater and Gordon can support you if you’ve been suspended from work

Being suspended at work and waiting for the outcome of an investigation can be nerve wrecking, and you may feel isolated, which is why having a specialist lawyer on your side can help.

Our team of leading experts in employment law can advise you of your position while you are suspended and, following the investigation, they can help you combat any unfair actions, such as an unfair dismissal or actions that could constitute constructive dismissal.

Call us today on 0330 041 5869 or contact us online.