Can an employer refuse to pay an employee who is suspended pending investigation if they breach a term of their suspension?

Posted in : First Tuesday Q&A NI on 5 February 2019
Chris Fullerton
Arthur Cox NI
Issues covered:

Suspension is a protective measure often utilised by employers when investigating misconduct if the employer believes that the employee’s presence at the workplace could impede an investigation.

As suspension is a protective measure rather than a punishment, employers should continue to pay a suspended employee in the usual way as a refusal to provide remuneration can cause the suspension to be more akin to an impermissible disciplinary sanction.

However, if an employee breaches a term of his/her suspension, employers should firstly consult the terms of suspension and also assess the nature of the breach. In the absence of express contractual provision to withhold pay in the event of a

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Back to Q&A's This article is correct at 05/02/2019

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 NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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