Comments on: Can I suspend my employee? Six criteria you need to consider.

By: Tanya Stephens

Tanya Stephens — Thu, 17 Sep 2015 12:00:40 +0000

Hello,

If an employee was issued a period suspension without pay after being found guilty through a disciplinary hearing, should that ‘suspended’ employee be paid for a public holiday which falls within his/her period of suspension?

By: Alex Brogan

Alex Brogan — Wed, 02 Apr 2014 18:25:02 +0000

Hi there

It sounds like the company might have done enough to avoid any risk of them being in breach of contract if they have already rectified their mistake.

It sounds like your colleague is in a difficult situation, but if they are currently being paid all they are contractually entitled to then it is unlikely that a court would deliver a finding of breach of contract.

If the suspension continues for an unreasonable length of time, it is possible your colleague could resign and make a claim to an employment tribunal for constructive dismissal. This is however a fairly high risk strategy and also there is a fee payable by the employee now to bring a case to tribunal.

All in all your colleague might be best placed to sit it out meantime and see what the company plan to do with him / her before making any potentially rash decisions.

By: Steve

Steve — Wed, 02 Apr 2014 13:56:18 +0000

Hi I’m aware of a colleague who has been suspended with pay and the company have failed to keep in touch and have then blamed the individual for non attendence to meetings where letters have not been sent then suspended that person without pay through then addmitting their mistake and recitifing it. Would in your opinion the colleague still have a claim because the company was out of process even though this was corrected as the intention was to punish.