Employment Rights Act 1996

64 Right to remuneration on suspension on medical grounds. E+W+S

(1) An employee who is suspended from work by his employer on medical grounds is entitled to be paid by his employer remuneration while he is so suspended for a period not exceeding twenty-six weeks.

(2) For the purposes of this Part an employee is suspended from work on medical grounds if he is suspended from work in consequence of—

(a) a requirement imposed by or under a provision of an enactment or of an instrument made under an enactment, or

(b) a recommendation in a provision of a code of practice issued or approved under section 16 of the M1 Health and Safety at Work etc. Act 1974,

and the provision is for the time being specified in subsection (3).

(3) The provisions referred to in subsection (2) are—

• Regulation 16 of the M2 Control of Lead at Work Regulations 1980,

• [F1 Regulation 25 of the Ionising Radiations Regulation 2017 [SI 2017/1075]] , and

• Regulation 11 of the M3 Control of Substances Hazardous to Health Regulations 1988.

(4) The Secretary of State may by order add provisions to or remove provisions from the list of provisions specified in subsection (3).

(5) For the purposes of this Part an employee shall be regarded as suspended from work on medical grounds only if and for so long as he—

(a) continues to be employed by his employer, but

(b) is not provided with work or does not perform the work he normally performed before the suspension.

Textual Amendments

F1 Words in s. 64(3) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 2 (with regs. 2(5), 3, Sch. 8)

Marginal Citations

M1 1974 c. 37.

M2 S.I. 1980/1248.

M3 S.I. 1988/1657.