Conduct and discipline

Suspension pending investigation letter

Suspends on full pay while an allegation is investigated, and says it is not a punishment.

Only where the allegation is serious enough and there is a real reason the employee cannot stay at work while it is investigated: risk to people, property, evidence or the investigation itself. It should be brief, on full pay, and kept under review. It is the exception, not the default.

Before it goes

  • You have considered alternatives: a different site, different duties, working from home, a short paid period off by agreement.
  • The contract allows suspension (most do; check) and you will pay in full.
  • Somebody is named as the employee's point of contact and will actually call them.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Suspension from work pending investigation Following our conversation today, I am writing to confirm that you are suspended from work with effect from [DATE AND TIME] while an investigation is carried out into the following: [THE ALLEGATION, in one or two factual sentences.] Suspension is not a disciplinary sanction and does not mean any decision has been made about the allegation. It is a neutral step to allow the investigation to be carried out [because … e.g. the allegation concerns the safety of others on site / the investigation involves records to which you would otherwise have access]. I have considered whether there is an alternative to suspension and concluded that there is not at this stage. The suspension will be kept under review and lifted as soon as it is no longer necessary. During the suspension: You will continue to receive your full normal pay and benefits. You should not attend [SITE / THE OFFICE] or carry out any work. You should not contact colleagues, customers or suppliers about the matter under investigation. You may of course keep in touch with colleagues as friends. You should remain available to attend meetings connected with the investigation, with reasonable notice. Your point of contact is [NAME] on [PHONE / EMAIL], who will keep you informed and who you can call about anything. We expect the investigation to take approximately [PERIOD]. You will be told the outcome in writing. If the matter proceeds to a disciplinary hearing, you will be given the evidence and invited in writing, with the right to be accompanied. I understand this is a difficult situation. If you need support, [EMPLOYEE ASSISTANCE / OCCUPATIONAL HEALTH / speak to NAME]. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

Why suspension is necessary
Say the reason. "Because that is what we do" is not a reason, and a suspension with no reason can be a breach of contract on its own.
Point of contact
A named person who rings them once a week. Suspended employees left in silence come back with a grievance, or do not come back at all.

What the law says

  • Acas Code of Practice, paragraph 8: suspension should be as brief as possible, kept under review, on full pay, and it should be made clear it is not a disciplinary action.
  • Implied term of trust and confidence: suspension without reasonable cause, or as a knee-jerk, can itself be a breach of contract.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not suspend as a reflex. Most conduct matters can be investigated with the employee still at work.
  • Do not suspend without pay. Unless the contract expressly allows it, unpaid suspension is unlawful deduction.
  • Do not let it run. Review it weekly and record the review.

Questions people ask

How long can a suspension last?

As short as the investigation genuinely needs. Days or a couple of weeks is normal; months is a problem in itself and a sign the investigation has stalled.

Can they take holiday while suspended?

Yes, by agreement in the ordinary way, and they continue to accrue it. They remain an employee on full pay; the only thing that has changed is that they are not working.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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