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What is a Suspension Letter?
A Suspension Letter is a letter that informs an employee that they are being temporarily prohibited from attending their workplace and from performing work pending a disciplinary investigation. Suspension Letters formally notify employees that they cannot attend work during the specified suspension period and outline their rights and obligations during this period.
This document is GDPR compliant.
When should I use a Suspension Letter?
Use this Suspension Letter:
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when you want to suspend an employee from work during an ongoing disciplinary investigation (eg an investigation for misconduct or gross misconduct)
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for junior or senior employees
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for employees based in England, Wales or Scotland
Sample Suspension Letter
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Dear ,
Re: Suspension pending disciplinary investigation
I am writing to confirm that, with effect from the , you are suspended from duties pending disciplinary investigation. We will be in touch with you again shortly concerning the nature of the allegation(s).
Your suspension is not a disciplinary action and does not indicate that we assume that you are guilty of the alleged conduct. Your ongoing suspension will be kept under review and we will keep the suspension as brief as is reasonably practicable.
During your suspension:
- you will continue to receive your normal salary and benefits, except for any payments or benefits that depend on you being physically present at work or performing services;
- your employment will continue and you must comply with your terms and conditions of employment (except the duty to attend work);
- you must cooperate in our investigations and, if requested, attend investigatory interviews or disciplinary hearings;
- your work email account and communication systems may be suspended and you may not be able to access your emails;
- you must not contact any of our employees or other staff or any customers or prospective customers, unless authorised by ; and
- you are not required to perform duties unless instructed to do by and you should not attend any premises of or of any associated employer but must remain available to answer any work-related queries.
A copy of our Disciplinary Policy and Procedure is enclosed and you should read it carefully. Following our investigation, if we believe there is a case to answer, we shall write to you to confirm that a disciplinary hearing will be held and the details of the allegations. You will be provided with the evidence that we will rely on and will have the opportunity to respond to the allegations at the hearing, in accordance with the Disciplinary Policy and Procedure. Otherwise, if there is no case to answer then we will write to confirm that your suspension is at end without further action.
If you are aware of documents, witnesses or information relevant to the investigation or allegation(s) please let me know as soon as possible. If you believe that you need access to the premises or computer system to identify relevant evidence please let me know as we may agree to arrange this under supervision.
We treat personal data collected during the disciplinary procedure in accordance with our data protection policy. Information about how your data is used and the basis for processing your data is provided in our employee privacy notice.
If you have any queries about this matter or the terms of your suspension please feel free to contact me.
Yours sincerely,
About Suspension Letters
Learn more about making your Suspension Letter
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How to make a Suspension Letter
Making a Suspension Letter online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Suspension Letter you will need the following information:
Employer and employee
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What are the employer’s details (ie their legal structure, name and address)?
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If the employer is a partnership, LLP or company, who is signing the Letter on the employer’s behalf?
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What are the employee’s details (ie their name and address)?
Letter
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On what date is the Letter being sent to the employee?
Suspension
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What is the name/job title of the person who will contact the employee on behalf of the employer during the suspension?
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Will the suspension period start on a specified date or be effective immediately?
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If the suspension will start on a specific date, from what date is the suspension effective?
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Common terms in a Suspension Letter
Suspension Letters are used to suspend employees from work while a disciplinary investigation is carried out. As a result, this Suspension Letter covers:
Sender and recipient details
The start of the Suspension Letter provides details of the employer and the employee who is being suspended.
The suspension
The body of the Letter informs the employee that they are being suspended from their duties pending disciplinary investigation. The Letter further:
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informs the employee that they will be updated about the allegation(s) made against them
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clarifies that being suspended does not indicate that the employer assumes that the employee is guilty of the alleged conduct
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explains that the suspension period will be kept as brief as is reasonably practicable
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clarifies that the employee is being suspended with full pay and benefits (other than those requiring them to be physically present at work)
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clarifies what the employee can and cannot do during their suspension
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makes reference to the attached Disciplinary procedure, asking the employee to read it to familiarise themselves with the disciplinary process
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asks the employee to make the employer aware of any documents, witnesses or information relevant to the investigation or allegation(s)
Data protection
The Suspension Letter also explains that any personal data (eg the employee’s name and address) processed (eg used) during the disciplinary process (including the employee’s suspension) will be treated in accordance with the employer’s Data protection policy. It also encourages the employee to check the Employee privacy notice for more information on the processing of their data.
If you want your Suspension Letter to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Suspension Letter for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Suspension Letter
Make sure to only suspend employees where this is necessary
Any workplace suspension should be carefully considered based on the specifics of the situation. It is important for employers to remember not to suspend someone as a ‘knee-jerk’ reaction. Generally, suspensions should only be used in certain circumstances. For more information, read the FAQ ‘When might it be appropriate to suspend an employee?’ and Suspension from work.
If you have any questions about the suspension process and/or when you should consider suspending an employee, do not hesitate to Ask a lawyer.
Adopt relevant HR policies and procedures
You should consider making and implementing certain workplace policies to ensure you treat your staff members in a consistent, fair and transparent manner. With regard to disciplinary matters, it is particularly crucial that you make and adopt a:
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Disciplinary procedure, to set out how any disciplinary issues are handled (this document is particularly important as the Suspension Letter references it)
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Grievance procedure, to set out how employees can raise grievances and make appeals and how such grievances and appeals will be handled
Amongst other policies, you should also consider making and adopting an:
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Anti-bullying and harassment policy, to set out your approach towards preventing workplace bullying and harassment
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Equal opportunities policy, to set out how you comply with the rules on equal opportunities and prevent and eliminate workplace discrimination
For more information on other workplace policies you could adopt, read HR policies and procedures.
Remember to attach a copy of your disciplinary procedure to the Letter
The Suspension Letter makes reference to the enclosed copy of your Disciplinary procedure. Before sending the Suspension Letter you should, therefore, make a copy of your disciplinary procedure and attach it to the Letter or otherwise enclose it with the Letter (eg in the envelope).
Always follow a fair and transparent disciplinary process
When carrying out a disciplinary investigation, make sure to follow a clear, fair and transparent process. You should follow the employee's contract and any relevant policies. A fair process will often involve:
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investigating the facts of the situation
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interviewing all relevant parties (eg the employees involved and any witnesses)
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asking the employee to attend a disciplinary hearing to discuss the situation
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deciding whether to take formal action (eg by issuing a disciplinary warning or dismissing the employee)
For more information, read Disciplinary process and How to run a disciplinary hearing.
Understand when to seek advice from a lawyer
Ask a lawyer if:
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this document doesn’t meet your specific needs
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you want to suspend an employee for reasons other than disciplinary allegations (eg a medical suspension or a suspension during pregnancy due to health and safety risks)
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you want to suspend employees based outside England, Wales, and Scotland
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you want to check whether you’re justified in suspending an employee
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you have any questions or concerns about suspending an employee
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Suspension Letter FAQs
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What is included in a Suspension Letter?
This Suspension Letter template covers:
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notification of the suspension
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arrangements during the suspension (ie what the employee can and cannot do)
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the need for the employee to cooperate with the disciplinary investigation
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the need for the employee to remain contactable regarding work queries
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requesting that the employee brings relevant information, witnesses, or documents relating to the allegations to the employer's attention
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who the contact person for queries is
You should always ensure that somebody being suspended knows the reason for their suspension.
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Why do I need a Suspension Letter?
Suspending an employee (with pay) may be appropriate when dealing with a serious disciplinary allegation. In particular, in the event of an investigation for gross misconduct. In some circumstances, suspension can also be appropriate for investigations into poor performance or misconduct.
A Suspension Letter keeps the employee away from work while you investigate. It helps you to protect the business, people, and evidence during the investigation process.
Making a Suspension Letter, informing an employee of their rights during their period of suspension, can help you to comply with the law on unfair dismissal (as set out in the Employment Rights Act 1996).
For more information, read Suspension from work.
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When might it be appropriate to suspend an employee?
Suspending an employee during a disciplinary investigation should only be done if truly necessary in the context of the investigation. It may be necessary:
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to prevent the employee from interfering with evidence, witnesses, or the investigation, where there are reasonable grounds for believing this could happen
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because working relationships have significantly broken down
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to remove the risk that the employee’s presence poses to health and safety, the business’ or others’ property, or the business’ interests
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if there are criminal proceedings related to the investigation that mean that the employee can’t do their job
Before suspending somebody, you should always check whether the employee’s employment contract or your business’ Disciplinary procedure, dismissal procedure, and all other relevant policies and procedures set out any other rules you need to follow.
For more information, read Suspension from work.
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What process must be followed before issuing a Suspension Letter?
Make sure that this Suspension Letter follows your business’ clear and fair Disciplinary procedure.
Before issuing a Suspension Letter, you should investigate the conduct subject to disciplinary proceedings to be sure that suspension is appropriate. For instance, you should check that there’s enough evidence to make the alleged misconduct worth investigating further. You should ensure that the suspension is not just an instinctual reaction to an event.
Before suspending somebody, you should also check whether another action may be more appropriate. For example, could the employee instead be transferred to work in a different area or location during the investigation?
For more information, read Suspension from work.
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When will a suspension take effect?
A Suspension Letter must specify the date on which the suspension period starts. The suspension cannot take effect before the employee knows about it, so if you are posting the Letter, the earliest that it can be effective is the date that the employee receives the Letter.
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How long should a suspension period be?
The length of a suspension should be determined based on the expected length of the investigation. The suspension must be as brief as possible and no longer than what is necessary for the purposes for which the suspension was initially introduced. Make sure you regularly review a suspension to ensure that it remains necessary.
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What are employees’ obligations on receipt of a Suspension Letter?
A Suspension Letter does not end an employee’s employment contract, so during the suspension period an employee must:
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comply with their terms and conditions of employment, except the duty to attend work
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cooperate with the investigation process and attend any investigatory interviews or disciplinary hearings if required
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remain available to answer any work-related queries
For more information, read Suspension from work.
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What are employees’ rights during a suspension period?
The Suspension Letter should make clear that suspension does not mean that the person will necessarily be dismissed. It should make it clear that the suspension is not:
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an assumption of guilt (eg that misconduct has occurred), as the purpose of a suspension will be to allow investigations to be conducted, which may establish that misconduct has occurred
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a disciplinary sanction, as misconduct has not yet been determined
An employee continues to receive their normal pay and benefits during a suspension. This is important because, if an employee doesn’t receive their pay and benefits during a suspension, the suspension could be seen as an unfair disciplinary action, which may expose the employer to legal claims by the employee.
For more information, read Suspension from work.
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Can an employee access the employer’s premises during a suspension period?
A Suspension Letter usually prohibits the suspended staff member from accessing the employer’s premises, in order to facilitate the investigation process and protect evidence.
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