What suspension is, and what it is not

In shortSuspension is meant to be neutral: it is not a finding of wrongdoing, normally on pay, and you keep your employment rights.

Suspension is an employer's decision to keep you away from work while a concern is looked into. In a prison, where the allegations may concern security, safety or relationships with prisoners, it is sometimes used to protect prisoners, colleagues or the integrity of the investigation.

General guidance on disciplinary procedures says it is normally on full pay, and that you keep your employment rights while suspended. The Acas Code of Practice says suspension is not disciplinary action in itself.

Formal position versus how it feels

The formal position

  • You have not been found to have done anything.
  • The process should treat you accordingly.

The experience

  • Being walked off site, handing in keys and being told not to contact colleagues is distressing.
  • If you feel treated as guilty, tell your rep and raise it in writing.

The wider process

For the whole process, see prison officer misconduct explained and the guide to the disciplinary process.

The options the commissioning manager must consider

In shortUnder the 2013 text the commissioning manager must consider alternatives to suspension, so ask which were considered and why they were rejected.

Under the 2013 text of PSI 06/2010, the commissioning manager who sets up an investigation must consider whether the person should remain at work or on normal duties during the investigation. The alternatives named are alternative duties, detached duty or suspension.

This is a choice among options, not an automatic step, so a fair question for your manager is: 'What alternatives to suspension were considered, and why were they rejected?'

Options during an investigation (what the 2013 text names)
OptionWhat it usually meansCheck with HR
Normal dutiesYou stay in your postAny conditions, e.g. no contact with certain people
Alternative dutiesA different role in the same establishmentPay, shift pattern, location, expected length
Detached dutyTemporarily working elsewhereTravel costs, allowances, review date
SuspensionYou do not work; normally on payReason, review date, contact rules, who your contact is

Role definitions here are plain-English descriptions, not quotations from the policy. Pay protection and allowances on alternative or detached duty are not publicly verifiable.

The Hayes case

The published tribunal judgment in Hayes v Secretary of State for Justice shows this choice in action. The Deputy Governor suspended an HMP Moorland officer on full pay pending the investigation and said she chose suspension rather than alternative or detached duty because of the nature of the allegations.

The tribunal reported that reasoning but it is one case, and we do not know the current policy's criteria. Do not assume your case will be handled the same way, and do not assume it will be handled differently.

Pay during suspension

In shortSuspension is normally on pay, but how Payment Plus, unsocial hours and other allowances are treated is not publicly verifiable, so ask HR in writing.

General guidance on GOV.UK says that suspension is normally on pay and that employees keep their rights. In the Moorland case the officer was suspended on full pay.

What we cannot verify is how HMPPS treats particular elements of pay during suspension. Those elements often depend on the work you would have done.

  • Elements we cannot verify: Payment Plus, unsocial hours allowances, overtime, and any local allowances.
  • Ask HR in writing exactly how your pay is calculated and which elements continue.
  • Keep copies of payslips.

If your pay changes

If your pay changes without explanation, raise it with HR and your rep promptly and in writing. Pay errors are common after a change in status, and they are easier to fix quickly.

For how those allowances normally work see Payment Plus explained and the unsocial hours calculator. If you are suspended and your health suffers, the sick pay calculator can help you understand your position, but ask HR how sick leave interacts with suspension in your case.

How long can suspension last, and who reviews it?

In shortThe England and Wales review period is not published; the Acas Code says suspension should be as brief as possible and kept under review.

  • England and Wales review periodNot publishedAcas: as brief as possible, kept under review
  • Scotland (comparison only)Two-week reviewsDoes not apply in England and Wales
  • Investigation target (2013 text)28 working daysExtendable in writing

For comparison only, the Scottish Prison Service code says suspension should be exceptional, usually with pay, and reviewed at two-week intervals. That is a Scottish rule and must not be applied to England and Wales. The Northern Ireland code sets other timings.

Without the current HMPPS text, the best approach is to ask: 'When will my suspension be reviewed, by whom, and how will I be told?'

Investigations can be long

In the published case, suspension began on 18 July 2024 and the investigation report was dated 4 December 2024. The 2013 text sets a 28 working day target for investigations, extendable in writing, and the Rademaker Review stressed speed.

If your suspension is dragging on

  • Ask for each review in writing.
  • Ask whether alternatives could now be used.
  • Ask your rep to raise it.
  • Where delay affects your health or finances, say so factually and ask for Occupational Health or other support.
Free toolMisconduct process navigatorA free, private walk-through of where you are in the process, what is published about that stage and which questions to put to HR or your POA rep.Open the free navigator

Contact with colleagues, building access and social media

In shortYou may be told not to contact colleagues and breaching that can lead to further action; ask HR for the instructions in a letter and err on the side of caution.

General guidance says you may be told not to talk to colleagues, and that if this stops you defending yourself you can raise it on appeal, while breaching the instruction can lead to further action.

Specific HMPPS wording about contact, building access, social media and outside work during suspension is not publicly verifiable. Ask HR to put the instructions in a letter.

Specific questions worth asking

  • Who can I speak to about welfare?
  • Can I speak to my union rep and a solicitor?
  • Can I speak to witnesses I want to name?
  • Can I attend social events, training or the gym?
  • Can I do any other paid work?

Err on the side of caution

Do not contact complainants or potential witnesses, do not discuss the evidence with colleagues and do not post about the case on social media.

The Counter Corruption framework warns that discussing a corruption suspicion with anyone beyond those investigating could be treated as bullying and harassment, and breaches of confidentiality are taken seriously. If you need to contact someone for a legitimate reason, ask your manager or rep to arrange it through the proper channel.

Knock-on effects: exclusion, vetting and other work

In shortSuspended staff can be temporarily excluded from other HMPPS work, and it is unclear whether suspension must be reported for vetting, so ask HR and your POA rep.

If you were planning a transfer, a second HMPPS contract or an internal move, tell HR and your rep and ask how it is affected.

Vetting status is withdrawn when an exclusion is reported, so an outcome that leads to exclusion has consequences beyond the job; see what happens after dismissal and security clearance withdrawn.

Temporary exclusion
Under the Exclusion from Working for HMPPS Policy Framework, which has applied since 1 January 2025, a temporary exclusion applies to suspended staff pending an investigation so that they cannot get a job elsewhere in HMPPS. That is separate from the Exclusions Register that can follow a dismissal.
Vetting
The security vetting policy asks staff to report changes in circumstances, and its list includes disciplinary procedures and criminal charges. Whether suspension itself must be reported, and how quickly, is not clear from the public text.

Looking after yourself during suspension

In shortPlan for isolation and money worries, ask for a named welfare contact, and avoid anything that could damage your position.

Suspension can bring isolation, loss of routine, money worries and fear about the outcome. Plan for it.

Looking after yourself

  • Keep a daily structure.
  • Tell trusted family or friends what you can, within confidentiality limits.
  • See your GP if your sleep or mood is suffering, and use any Employee Assistance Programme your employer provides.
  • Ask HR for a named welfare contact.
  • If you are a POA member, tell your branch, who may be able to offer practical and emotional support as well as legal advice.

When the suspension ends

If the matter is closed with no further action, ask for written confirmation, a clear return-to-work date and a conversation about any support you need to settle back in. If it moves to a hearing, ask whether you will remain suspended until the outcome and when the next review falls.

Returning to a workplace where colleagues know you were suspended can be uncomfortable, so ask your manager and rep how your return will be handled, and what colleagues will be told, which should be as little as confidentiality allows.

Do not damage your own position

Do not drink heavily, post angrily online or confront colleagues. Keep a dated log of communication from your employer.

Prepare for the next stage by organising your own notes, rosters and documents, and by speaking to your rep about the interview. The Misconduct Response Pack includes a timeline log and question lists designed for this period.

Paid toolMisconduct Response PackOrganised checklists, a timeline log and question lists to help you stay on top of paperwork, dates and meetings while a case is open.See the Misconduct Response Pack

Challenging a suspension, and when to involve a lawyer

In shortNo formal appeal route against suspension is published for England and Wales, so ask for a review in writing and take advice early.

There is no public record of a formal appeal route against suspension in the England and Wales policy.

If suspension continues for a long time without a clear reason, or you believe it is being used unfairly, speak to your rep or a solicitor. Do not wait until the end of the process to take advice.

Practically, you can

  • Ask your manager and HR in writing to review it.
  • Ask your rep to raise it.
  • In some cases submit a grievance. Whether a grievance can be lodged while a disciplinary process is live is not publicly verifiable, so ask HR.
  • Point to the Acas Code's requirement for brief suspensions kept under review as a basis for asking for a review.

Frequently asked questions

Is suspension a punishment?

No. Suspension is not a finding of wrongdoing and, under the Acas Code, is not disciplinary action in itself. It should be brief and kept under review. If it feels like a punishment, raise it in writing and ask for the reasons and the review date.

Do I get paid while suspended as a prison officer?

General guidance says suspension is normally on pay and you keep your employment rights. In a published 2024 Moorland case, the officer was suspended on full pay. How allowances and Payment Plus are treated is not publicly verifiable, so ask HR in writing.

How long can a suspension last in England and Wales?

The HMPPS review period is not published. The Acas Code says suspension should be as brief as possible and kept under review. Scotland's code uses two-week reviews, but that does not apply in England and Wales. Ask when it will be reviewed and by whom.

Can I be moved to other duties instead of being suspended?

The commissioning manager must consider alternatives, including alternative duties and detached duty, under the 2013 text. Ask which alternatives were considered and why they were rejected. The Moorland case shows reasons being given for choosing suspension.

Can I talk to colleagues while suspended?

You may be told not to, and breaching that instruction can lead to further action. If it stops you preparing your defence you can raise that. Ask HR for the instruction in writing, and never contact complainants or witnesses.

Will suspension affect my vetting or work elsewhere in HMPPS?

Suspended staff can be temporarily excluded from working elsewhere in HMPPS under the exclusion framework. Vetting aftercare asks you to report disciplinary procedures and charges; whether suspension itself must be reported is unclear, so ask HR and your POA rep.

Sources