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Wednesday, 3 October 2023

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Employment

Suspension from work on medical/health and safety grounds

In certain circumstances your employer may need to suspend you from work for health and safety reasons. Find out about your rights if that happens, how you will be paid and what happens if you are pregnant.

Suspension from work on medical grounds

Your employer has a duty to take all reasonable steps to ensure your health and safety. This means they can suspend you from work if they think you may be at particular risk.

For example, you may be suspended if you become seriously allergic to a chemical at work, or if you are a newly expectant mother working in a lab that uses radiation. Your employer's decision should be based on a risk assessment.

You will not have the right to paid suspension on medical grounds if, for example:

you are not an employee, eg an independent contractor, agency worker or freelancer
you unreasonably refuse other suitable work offered by your employer
you don’t meet any reasonable requirements your employer may have to make sure you are available for other/alternative work when required

Understanding your employment status

Pay

If you have been in your job for a month or more when you are suspended, you have the right to be paid for up to 26 weeks of suspension. The pay should be equal to a normal week's pay. However, if you are offered other suitable work you must take it otherwise you lose your right to be paid.

There may be rules for medical suspension in your contract of employment. If they say you are to be paid while suspended, you should make sure the actual amount isn't less than a normal week's pay. If it is your employer must make up the difference.

Employment contracts

Calculating your pay: the basics

If you don’t want to return to work while suspended, refusing other suitable work ends your right to pay. This includes work that may not be included in your contract of employment.

If you are pregnant

Your employer must make a special assessment of the risks to pregnant mothers and their babies. If there are risks, your employer must protect you and your baby by:

adjusting your working conditions and/or hours of work
offering you other suitable work if there is any
suspending you from work for as long as necessary

If you are suspended you are entitled to full pay, including any bonuses you would have been paid. Your suspension should last until the risk to you or your baby has been removed.

There can be extra risks to the health of pregnant night workers. If you have a medical certificate saying that there's a risk you should be offered suitable day work. If none is available you can be suspended until the risk to health has passed. If you refuse reasonable alternative work your employer doesn't have to pay you.

Working when pregnant

Working at night

What to do next

If your own health is involved, talk to your GP.

If you disagree with your employer you should use the grievance procedure set out in your contract.

Check you are getting the right amount of pay. Your contract or statement of employment will say whether your employer can pay you differently during suspension.

As a last resort you can complain to an Employment Tribunal.