Q&As

Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 07/04/2021

The following Employment Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where an employee has been medically suspended from work, how does an employer calculate their rate of pay if they are working on a zero hours contract, and for how long would the suspension last?

An employer may suspend an employee from work on medical grounds in certain circumstances. Such suspensions must be in consequence of a requirement imposed by or under a provision of an enactment or of an instrument made under an enactment, or a recommendation in a provision of a code of practice issued or approved under section 16 of the Health and Safety at Work etc Act 1974 (see section 64(2) of the Employment Rights Act 1996 (ERA 1996)).

The relevant enactments and instruments are:

  1. the Control of Lead at Work Regulations 1980, SI 1980/1248, reg 16

  2. the Ionising Radiations Regulation 2017, SI 2017/1075, reg 25

  3. the Control of Substances Hazardous to Health Regulations 1998, SI 2002/2677, reg 11

An employee is regarded as suspended from work on medica

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