Must an employee on suspension while a disciplinary investigation is carried out remain available for work, or can they take a holiday during this period?

Posted in : First Tuesday Q&A NI on 2 September 2015
Arthur Cox
Arthur Cox
Issues covered:

During a period of suspension, the employee, while not required to attend work, should remain available to assist in the disciplinary investigation, attend investigation or disciplinary meetings, or deal with any work-related questions. Further, if the suspension is lifted earlier than anticipated, the employee would be expected to return to work.

If the employee wishes to go on holiday, he or she should request annual leave and the employer should handle the request in accordance with its normal procedures. Where the suspended employee has already booked a period of annual leave, the employer can cancel it only if it gives adequate notice in accordance with Regulations 15 the Working Time

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

View all articles by Arthur Cox