UKI've been suspended without pay. Is my employer allowed to do this?
An employer in the UK can suspend you without pay only if your employment contract explicitly allows it or if you have committed serious misconduct justifying summary dismissal — otherwise, suspension must be on full pay.
What the Law Says
The Employment Rights Act 1996 is the main law governing suspension rights in the UK. Section 63 addresses deductions from wages — including unpaid suspension — and sets strict limits on when an employer may withhold pay.
Under UK law, suspending an employee without pay is not automatically lawful. Employers must have clear contractual authority to do so — for example, a term in your written contract permitting unpaid suspension during investigations. Without such a clause, withholding pay risks being an unlawful deduction from wages.
Section 63 of the Employment Rights Act 1996 makes it unlawful for an employer to make deductions from wages unless the deduction is required or authorised by statute, permitted by the worker’s contract, or the worker has given prior written consent. Suspension without pay almost never falls under statutory requirement or valid consent — so it hinges entirely on whether your contract permits it.
Even where misconduct is alleged, courts and tribunals expect suspension to be a neutral, precautionary measure — not a punishment — and therefore usually on full pay. Unpaid suspension may suggest pre-judgment or breach of trust and confidence.
Statutory Text— Employment Rights Act 1996, s. 63 — Deductions from wages
What to Do
Check your written contract for any clause allowing unpaid suspension.
If no such clause exists, ask your employer in writing to confirm the legal basis for withholding pay.
If pay is withheld unlawfully, you can file a claim for unlawful deduction from wages in the Employment Tribunal within 3 months less one day of the deduction.
Seek advice from ACAS, a trade union, or an employment solicitor before resigning or accepting unpaid suspension.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.