What can you do if you are suspended for no reason

Your employer does not have the right to suspend you for no reason, especially if the suspension is without pay and does not have an end date. 

It is common for employers to suspend employees pending an investigation, and this is legitimate as long as: 

1. The suspension is done to help the investigation and not as a punishment 

2. The employee’s salary is not affected; and 

3. The suspension is not unreasonably long. 

However, if you are suspended: 

1. Without pay or at a reduced pay; or 

2. Without there being any legitimate reason, (for example, an ongoing investigation); or 

3. For an unreasonably long time and your employer is not providing any clarity as to when the suspension will end.

These may be unfair and they could amount to constructive dismissal- and you could be entitled to compensation. 

If you end up being suspended in any of these situations, you should seek advice as early as possible.

If, for example, you are suspended without pay (and it is not as a result of being found guilty of misconduct after a disciplinary hearing), these are the steps you should take: 

1. Raise the issue in writing. Write to your employer and state that a suspension should not be without pay unless it is a disciplinary sanction after the end of the disciplinary process.

2. Request that your employer fix the issue. Ask that your employer reinstate your salary and/or end your suspension.

3. State the consequence. State that if your suspension continues without pay, you may have no choice but to resign on the basis of constructive dismissal. 

You should always seek proper advice before resigning your job.

It is extremely difficult to be kept away from your work, especially if your salary is being taken away too. And if there is no good reason for that, it should not be allowed to continue.