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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial 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
More from the First Tuesday Q&A
-
An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
An employee is refusing to return to work due to COVID-19 concerns - what do we need to consider?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
Does the right to be accompanied apply at a meeting to discuss an occupational health report?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
How much detail of allegations are we required to give an employee in advance of an investigative meeting?
Posted in: First Tuesday Q&A NI on 13 April 2021
-
Is An Employee Who Is Off On Maternity Leave Permitted To Carry Over Her Accrued But Untaken Annual Leave?
Posted in: First Tuesday Q&A NI on 02 March 2021
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