Wearable sensors, dosimeters and exposure-monitoring software are making it easier to spot when a worker has reached a limit for lead, radiation or a hazardous substance. When a health surveillance rule then requires the worker to be taken off that work, the question is who pays. The Employment Rights Act 1996 gives a right to pay during suspension on medical grounds. This page sets out the rules in Great Britain for employees and employers.
The short answer: an employee who is suspended from work on medical grounds is entitled to be paid by their employer while suspended, for up to twenty-six weeks (s64(1)). "Medical grounds" has a narrow meaning: the suspension must follow a requirement or recommendation in one of the specific provisions listed in s64(3). A software alert on its own does not create the right; the listed rule does.
What counts as suspension on medical grounds
- The trigger: the employee is suspended in consequence of a requirement imposed by or under an enactment, or a recommendation in a code of practice approved under section 16 of the Health and Safety at Work etc. Act 1974, where the provision is listed in s64(3) (s64(2)).
- The list: as printed on legislation.gov.uk, s64(3) names regulation 16 of the Control of Lead at Work Regulations 1980, regulation 25 of the Ionising Radiations Regulations 2017 and regulation 11 of the Control of Substances Hazardous to Health Regulations 1988. The Secretary of State may add or remove provisions by order (s64(4)).
- Still employed: the employee counts as suspended only while they remain employed but are not provided with work, or do not do the work they normally did before the suspension (s64(5)).
Who is excluded
- Employees with less than one month's continuous employment ending with the day before the suspension begins (s65(1)).
- Any period in which the employee is incapable of work because of disease or bodily or mental disablement (s65(3)). Sick pay rules apply instead.
- Any period in which the employer has offered suitable alternative work and the employee has unreasonably refused it, whether or not that work is within the contract, or in which the employee does not comply with reasonable requirements to keep their services available (s65(4)).
How much and how to claim
- Amount: a week's pay for each week of suspension, reduced proportionately for part weeks (s69(1)). Contractual pay for the same period counts towards it, and the other way round (s69(2) and (3)).
- Tribunal: an employee can complain to an employment tribunal that the employer has failed to pay all or part of the remuneration. The tribunal orders the employer to pay the amount due (s70(1) and (3)). The complaint must be presented within six months beginning with the day the pay relates to, for days to which the six month limit applies, with an extension where that was not reasonably practicable (s70(2)); check which period applies to earlier days. Early conciliation extensions apply (s70(8)).
- Dismissal: if an employee is dismissed because of such a requirement or recommendation, the qualifying period for unfair dismissal is one month rather than the general period (s108(2)).
Pregnant workers and new mothers have a separate right to be offered suitable alternative work and paid during maternity suspension (ss66 to 68); see pregnancy risk assessment.
Practical steps
- Employers: when exposure-monitoring tools flag a limit, check whether a listed regulation actually requires suspension, record the doctor's or appointed person's decision, and set payroll to keep paying a week's pay. Offer suitable alternative work in writing. Make sure scheduling software does not record the suspension as unauthorised absence.
- Employees: ask for the suspension decision in writing and which rule it relies on. If you are offered other work, a refusal must not be unreasonable to keep the right to pay. Keep payslips for the suspension period.
For wider duties, see AI and health and safety at work; for how a week's pay is worked out, a week's pay. These provisions extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.
Questions and answers
Am I paid if I am suspended because monitoring shows too much exposure?
Yes, if the suspension follows a requirement or recommendation in a provision listed in s64(3) of the Employment Rights Act 1996, you are entitled to be paid for up to 26 weeks, provided you have at least one month's continuous employment (ss64 and 65).
How much is medical suspension pay?
A week's pay for each week of suspension, reduced proportionately for part weeks. Contractual pay for the same period counts towards it (s69).
Can I lose the right to pay?
Yes, for any period in which you are incapable of work through illness, unreasonably refuse suitable alternative work the employer offers, or do not comply with reasonable requirements to keep yourself available (s65(3) and (4)).
How do I claim unpaid medical suspension pay?
By complaint to an employment tribunal, generally within six months beginning with the day the pay relates to, after Acas early conciliation (s70).