Suspension Pending Investigation
When suspension is appropriate, how to communicate it and what to pay.
Employer-Side Advice Only
CIPD Qualified
ERA 2025 Updated
Bolton, Manchester, North WestWhen suspension is appropriate, how to communicate it and what to pay. This is an employer-focused guide written specifically for North West businesses. Scroll down for the full breakdown, or book a free consultation if you need advice on this right now.
What Employers Need to Know
This guide covers the key legal and practical considerations around suspension pending investigation for employers in the North West. The law in this area is well established, but the practical application often catches employers out.
Getting this right requires understanding both the legal framework and the procedural steps that employment tribunals expect to see. The sections below walk you through both.
The Legal Framework
The legal position on suspension pending investigation is governed by the Employment Rights Act 1996, the Equality Act 2010 where applicable, and the Acas Code of Practice on Disciplinary and Grievance Procedures.
Employment tribunals assess each case on its own facts, but the principles are consistent: was there a fair reason, was the process fair, and would a reasonable employer have acted in the same way?
Practical Steps for Employers
The practical steps you need to take will depend on the specific circumstances, but the following framework applies in most cases:
Gather the facts before making any decisions
Document everything from the outset
Follow the Acas Code of Practice where it applies
Take advice early, before making any final decision
ERA 2025: What Changes for Disciplinary Processes
Unfair dismissal protection after 6 months means disciplinary outcomes carry more weight earlier.
Tribunal claim window doubles to 6 months, giving employees more time to bring claims.
Solid disciplinary procedures are your first line of defence.
Read our full ERA 2025 guideFrequently Asked Questions
In disciplinary and grievance situations, yes. Tribunals take the Acas Code directly into account and can adjust compensation by up to 25% for unreasonable failures to follow it.
Only in very limited circumstances. For gross misconduct you can dismiss without notice but you must still investigate and hold a hearing. Summary dismissal without any process is almost always unfair.
It depends on whether the grievance is related to the disciplinary. If it is, you may need to pause the disciplinary to deal with the grievance first. If unrelated, they can usually run in parallel.
Get Disciplinary & Grievance Advice Today
Book a free 30-minute consultation with a DaisyHR consultant. We will help you handle the situation correctly from the start.
Disciplinary and grievance advice for employers across Bolton, Manchester and the wider North West. · Last reviewed: March 2026