HR Glossary
Maternity Leave
What is Medical Suspension?
Medical suspension is when an employer temporarily removes an employee from work for health and safety reasons, usually because their role or working conditions could pose a risk to their health or the health of others. This type of suspension is not a disciplinary action; it is a protective measure designed to ensure employee wellbeing while medical advice is sought or health risks are properly assessed.
In the UK, medical suspension most commonly applies to pregnant employees whose working environment or duties may put them at risk, but it also applies to any employee where a health and safety concern has been formally identified. During a period of medical suspension, the employer is responsible for ensuring the employee is supported and, in many cases, paid in line with statutory or contractual rules.
When Is Medical Suspension Used?
Medical suspension is typically considered when an employer has reason to believe that:
- The employee’s normal duties could harm their health, for example exposure to hazardous substances, physical strain, or night working.
- A workplace risk assessment identifies a danger that cannot be immediately removed.
- An employee is pregnant, has recently given birth, or is breastfeeding, and workplace risks cannot be mitigated.
- Medical or occupational health advice indicates the employee should not perform certain tasks or should avoid particular environments.
- Temporary adjustments or alternative duties cannot be offered, or the employee is not fit to undertake them.
Pay and Entitlement During Medical Suspension
Employees who are medically suspended for health and safety reasons are usually entitled to be paid for the duration of the suspension, depending on their employment contract and statutory rules.
Key points include:
- Eligible employees must be paid their normal pay for up to 26 weeks if suspended on maternity-related health and safety grounds.
- For other types of medical suspension, pay entitlement may depend on the employee’s length of service and contract conditions.
- Medical suspension should not be recorded as sickness absence unless the employee is unwell and unable to work for health reasons unrelated to workplace risk.
- Employers must avoid disadvantaging an employee because they were suspended for health and safety reasons, as this may constitute unlawful discrimination or unfair treatment.
Employer Responsibilities in Medical Suspension
Employers have a legal duty to protect the health and safety of their workforce. When medical suspension is considered necessary, employers must:
- Conduct and document a thorough risk assessment.
- Explore reasonable adjustments or alternative duties before suspending the employee.
- Seek occupational health advice where appropriate.
- Provide clear communication outlining the reasons for suspension and expected next steps.
- Ensure the suspension period is no longer than necessary and review it regularly.
- Employers should also maintain regular, supportive communication with the employee, ensuring they are kept informed of any changes to duties, risks, or return-to-work plans.
Managing Medical Suspension in the Workplace
Proper management of medical suspension supports both employee wellbeing and organisational compliance. Employers should follow a structured process, including:
- Identifying risks through workplace assessments.
- Consulting occupational health professionals for advice on fitness for work.
- Documenting decisions and maintaining clear records.
- Setting review points to reassess the suspension.
- Planning adjustments, phased returns, or alternative duties where possible.