Does an employer have to pay an employee who is suspended?
Posted in : First Tuesday Q&A NI on 2 October 2018
Chris Fullerton
Arthur Cox
Suspension usually takes place either:
- To enable an employer to investigate allegations of misconduct; or
- For medical or health and safety reasons.
Therefore, suspension should be invoked as a protective measure and should not be utilised as a disciplinary sanction nor in a manner likely to result in the breakdown of the implied duty of trust and confidence between the employer and employee. On this basis, even if an employee is suspended as part of a disciplinary process, they should continue to receive full pay. The only exception to this is if there is an express provision to the contrary in the contract of employment. Employees suspended for medical or health and safety reasons should
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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.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton