An employee was suspended on full pay under the disciplinary code pending an investigation. The investigation showed that the employee was not guilty of the allegations made and he was returned to work with no disciplinary sanction. My question relates to the accrual of annual leave during that time of suspension. Is the employee entitled to accrue annual leave during that period of suspension with full pay? The employer says that he is not entitled to the annual leave for that period. I would have thought that as he was in receipt of salary during that time and he had to be available to the investigators/employer, that he should have his annual leave accrued to him. I’d be grateful for any guidance on this.
Posted in : First Tuesday Q&A NI on 3 March 2015
Arthur Cox
Arthur Cox
When an employee is suspended, he/she should continue to receive their normal pay and benefits as their contract continues as normal – the only change being that the employee is not required to report for work and usually, they are prevented from contacting colleagues and/or clients whilst suspended. As such, the employee will continue to accrue their annual leave entitlement during the period of suspension in question.
An employee’s contract of employment should deal with circumstances of suspension, clearly explaining that an employee’s rights and obligations under their contract continue during any period of suspension.
As you state, periods of suspension will normally be on full pay.
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon'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
Back to Q&A's This article is correct at 02/09/2015
Disclaimer:
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 rosemary.lundy@arthurcox.com
View all articles by Arthur Cox