Being suspended from work can be a challenging and uncertain period, particularly when you are also dealing with health issues. Many employees in the UK find themselves wondering, “Can I go off sick whilst suspended from work?” This is a valid and important question, especially as it can have implications for your rights, pay, and employment status. At Stephensons Solicitors LLP, we understand the complexities of employment law and provide guidance to help you make informed decisions during these difficult times.
Understanding workplace suspension
Suspension from work typically occurs when an employee is temporarily removed from their duties pending an investigation. This could relate to allegations of misconduct, a grievance, or other workplace concerns. Suspension is generally intended to be a neutral act, meaning it should not be seen as punitive or as an indication of guilt. During this period, the employee remains employed but is not required to attend work or fulfil their usual responsibilities.
Suspensions are most often with pay, especially in cases related to disciplinary investigations. That said, the terms of the suspension should be clearly explained in writing by your employer, including whether it is paid or unpaid, the expected duration, and any conditions that you must follow during the suspension.
Going off sick during suspension – is it allowed?
Yes, you can go off sick whilst suspended from work. If you are unwell, either physically or mentally, and would not have been able to work regardless of the suspension, you are entitled to report your sickness in the usual way. In fact, your health and well-being should always take priority. However, notifying your employer correctly and promptly is essential to ensure that your sickness absence is properly documented and does not impact your employment rights or entitlements.
The importance of medical evidence
If you become unwell during a period of suspension, you must still meet the standard reporting requirements for sickness absence. This includes notifying your employer as soon as possible and providing appropriate medical certification if necessary. Generally, if your illness lasts longer than seven consecutive days (including non-working days), you will need to obtain a Statement of Fitness for Work (commonly referred to as a fit note) from your GP or treating clinician.
This ensures that your absence is treated as legitimate sickness rather than being seen as an attempt to avoid an ongoing investigation or disciplinary process. Failure to provide proper medical certification could lead to adverse consequences and may affect your right to sick pay or even result in disciplinary action.
Impact on pay and sick leave entitlements
When you go off sick while suspended, your entitlements to pay can depend on the circumstances. If your suspension was on full pay, and you are now off sick, you might continue to receive full pay. However, your employer may decide to change your pay status to statutory sick pay (SSP) or contractual sick pay (if applicable) in line with their usual sickness policy. This should not be done arbitrarily – any change to your pay should follow a fair and transparent process, and you should be informed in writing.
It's also worth noting that some employers may continue to pay suspended employees their usual salary, even if they go off sick. Others may determine that the employee is now on sick leave and adjust pay accordingly. It is advisable to review your employment contract and your employer's sickness and disciplinary policies to understand how this situation would be handled in your specific case.
Notifying your employer properly
If you become sick while suspended, it is important to follow your employer’s normal sickness reporting procedures. This may involve calling your line manager, human resources department or submitting a self-certification form for short-term illness. Ensure that you clearly communicate the nature of your illness and the expected duration, and keep your employer updated on your condition if your illness continues beyond an initial period.
A common mistake employees make is assuming that because they are already suspended, they do not need to report sickness in the same way. However, failing to report sickness appropriately can create confusion and lead to complications in your employment record or in calculating sick pay entitlement.
The effect on disciplinary or grievance proceedings
If you are suspended due to an ongoing disciplinary or grievance investigation, going off sick can sometimes complicate or delay the process – particularly if your illness affects your ability to participate. For example, if your health condition makes you unable to attend interviews or hearings, your employer may pause the proceedings until you are well enough to continue. However, they should not assume you are avoiding the process unfairly without evidence.
Your employer has a duty to handle such situations with sensitivity, particularly if your illness is related to stress, anxiety or mental health conditions potentially exacerbated by the suspension or the investigation itself. Medical evidence from your GP or mental health provider can help your employer understand whether it is appropriate to delay proceedings or make reasonable adjustments.
Where necessary, your employer may also consider alternative options such as conducting meetings in writing, remotely, or through a representative. These steps should be developed in consultation with you and in accordance with ACAS guidance and your legal rights.
Stress-related illnesses and mental health concerns
It is not uncommon for employees who are suspended to develop stress, anxiety, or depression as a result of the situation. If you are experiencing mental health difficulties during your suspension, you should not hesitate to take time off sick if necessary. Your mental health is just as important as physical health, and your employer has a duty of care to support your well-being.
You may also wish to consider whether your mental health condition amounts to a disability under the Equality Act 2010. If so, your employer is legally required to consider reasonable adjustments to ensure you are not disadvantaged in the disciplinary process or in your ability to return to work.
Occupational health assessments
Employers may refer you to occupational health as part of supporting your return to work or assessing your fitness to take part in any ongoing investigation. This is a standard practice and should be viewed as a supportive measure, not a punitive one. Occupational health professionals can assess whether you are well enough to attend meetings or hearings and can recommend adjustments that may help facilitate your involvement in the process.
Returning from sick leave while suspended
Once your fit note expires or your GP confirms you are well enough to return to work, your employer will likely expect you to resume participation in the suspension process. This does not necessarily mean returning to your normal role, but it may involve attending hearings, providing witness statements, or returning to modified duties depending on the nature of the suspension.
If you are still suspended at that time, your employer should communicate clearly what is expected of you and whether the terms of the suspension remain in place. As part of this process, further medical evidence or occupational health input may be sought to support your transition back into the workplace or to help resume the investigation.
Legal support and advice
If you're unsure about your rights or believe that you are being unfairly treated during a suspension or period of sick leave, it is important to seek professional legal advice. Every case is different, and much will depend on your employer’s policies, the nature of the allegations, and the circumstances surrounding your illness. At Stephensons, we offer tailored advice to individuals navigating suspension, sickness absence, and workplace investigations to ensure your rights are protected and that your employer acts lawfully and fairly.
Conclusion
You are entitled to go off sick whilst suspended from work, provided you follow the correct reporting procedures and provide medical evidence where required. While it can complicate ongoing workplace investigations, your health must always come first, and your employer has a duty to manage the process fairly. If your illness is connected to the suspension or the investigation, it may be necessary to seek adjustments or further legal advice. Stephensons can provide guidance to ensure that your situation is managed in accordance with your rights under UK employment law.
To speak to our experienced employment law solicitors, call 0161 696 6170 or fill in our enquiry form.
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