Being suspended is not a neutral act, and the law recognises the harm it can do.
“Suspension is not a neutral act; the courts accept it changes your position and casts a shadow over your competence, so your employer needs a proper basis for it.”
Suspension is not a neutral act; the courts accept it changes your position and casts a shadow over your competence, so your employer needs a proper basis for it.
- Ask for the reason for your suspension in writing and check your contract and policy for when suspension is allowed.
- Keep a dated record of what you are told and any duties you agree to step back from.
- Get union or specialist advice early on whether the suspension is justified and how to challenge it.
Suspension response letter generator
Generate a formal letter responding to your suspension. Five letter types cover common situations, with the first one free.
Open tool →The situation
A consultant psychiatrist employed by an NHS trust was suspended following concerns about her clinical judgment. The trust treated the suspension as a holding measure and argued it was a neutral act that simply preserved the employment relationship while matters were looked into. The doctor challenged it, and she accepted it was appropriate for her to step back from the diagnosis and treatment of individual patients while the issue was resolved. The dispute focused on the wider suspension affecting her non-clinical duties.
What the court found
The Court of Appeal rejected the argument that suspension is a neutral act, at least for a qualified professional in a role that is as much a vocation as a job. It said suspension changes the status quo from work to no work and inevitably casts a shadow over the employee's competence. That does not mean an employer can never suspend, but it means suspension carries real consequences and cannot be treated as harmless. The court also confirmed there is no reason in principle why a suspension in breach of contractWhen one party to an employment contract fails to comply with one of its terms without a lawful reason. Your employer breaching a significant term of your contract can entitle you to resign and claim ... cannot be restrained by a court injunctionA court order requiring someone to do something or stop doing something. In an employment context, an injunction is occasionally sought to prevent an employer from dismissing someone or to enforce a r... where damages would not be an adequate remedy, and an injunction had earlier been granted limiting the suspension so far as it affected her non-clinical duties.
Mezey v South West London and St George's Mental Health NHS Trust | [2007] EWCA Civ 106; [2007] IRLR 244 | Court of Appeal | 8 February 2007