Medical Suspension

Site updated on August 5, 2016

In certain situations, usually for health and safety reasons, employers may feel obliged to suspend an employee from work on medical grounds. There are certain regulations under which medical suspension can apply – these usually involve working with chemicals, radioactive material, lead or other hazardous materials. There are also certain regulations in the Food Preparation industry which might lead to a suspension. This is because your Employer feels that you are a danger to your fellow employees …. or the public!

You have to be fit for work; if you are unable to work due to sickness, this section does not apply to you.

Finally, if a pregnant woman is not able to carry out her normal duties, and no suitable alternative work can be provided, she can also be medically suspended from work.

If you are suspended from work on medical grounds in line with one of the qualifying regulations or conditions, then you are entitled to full pay for up to 26 weeks (as long as you have at least 1 months service). Any dismissal during this protected period is unfair. This does not apply if you are physically or mentally unfit for work. (If this is the case you will be entitled to some sick pay). It purely means that you are not capable of carrying out certain activities due to your condition. If you are offered suitable alternative work but refuse this, then no payment may be due to you. If your employer does not pay you, you can take a claim to an employment Tribunal, within three months. Before taking this step, Contact our Advice Line.

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