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Section 64: Right to remuneration on suspension on medical grounds.

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part VII: Suspension from work

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.

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 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,

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

The provisions referred to in subsection (2) are—

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

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

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

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

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—

continues to be employed by his employer, but
is not provided with work or does not perform the work he normally performed before the suspension.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.