Search

How can we help?

Icon

Updated ACAS guidance: Suspension and mental health

ACAS have updated their guidance on the practice of suspending an employee during investigations at work.

In their updated guidance, ACAS have honed in on the importance of mental wellbeing and the employer’s duties in respect of safeguarding an employee’s mental health during periods of suspension from work.

Suspension can be necessary where, for instance, the employee may pose a threat to colleagues or where the employee’s presence in the workplace is likely to prevent a fair investigation from being carried out because he or she is likely to destroy evidence or influence witnesses.

Having said this, the decision to suspend should not be taken lightly as it can have significant consequences on factors such as the employee’s reputation and their mental health.

The new ACAS guidance sets out a number of steps the employer can take to help prevent mental health issues arising or getting worse during the employee’s suspension. These include:

  • Keeping in regular contact throughout the suspension
  • Making sure the employee knows who they can contact if they have any concerns
  • Making clear the suspension does not mean it has been decided they’ve done something wrong
  • Making sure the suspension only lasts for as long as it needs to

ACAS have honed in on the importance of mental wellbeing and the employer’s duties in respect of safeguarding an employee’s mental health during periods of suspension from work.

Employers have a legal ‘duty of care’ to support workers during any period of suspension and look out for their wellbeing.  Given they will not be at work, it may not be immediately obvious to the employer if their mental health is affected, particularly where the employee does not communicate this.

By following the steps above, the employer is more likely able to establish if someone needs mental health support. Where the worker does need mental health support, the ACAS guidance recommends that employers and managers should let the suspended person know what support is available and encourage them to use it. The guidance also recommends that employers and managers should be trained on how to support staff.

You can click here to view the updated guidance on suspensions. If you have any further questions as to how the guidance may apply to your organisation, please do not hesitate to contact our team.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.

art
  • 09 April 2026
  • Employment

Bereaved Partner’s Paternity Leave: the new statutory right explained

The new statutory right is not inconsequential, and so to ensure that everyone is up to date: here is what you need to know about this new right.