4. Pay and holiday
Employers should be careful when making decisions about pay and holiday for someone on suspension.
Pay during suspension
The suspended person should continue to get:
- their pay
- any benefits in their contract, for example a bonus or gym membership
If an employer reduces or stops an employee's pay during suspension, the employee could take legal action. There is still a risk of this even if the contract appears to allow reduced or no pay during suspension.
As an employer, if you're considering not paying someone during suspension, it's a good idea to get legal advice.
If an employee disagrees with their pay during suspension, they should try to resolve it with their employer.
For more advice on pay during suspension, contact the Acas helpline.
Pay if someone is sick
Check the contract to see what it says about pay during suspension. For example, if the contract says an employee receives full pay during suspension, this might apply even if they are sick.
This can be a complicated area. For more advice, contact the Acas helpline.
Holiday during suspension
If someone wants to take holiday during suspension, and the employer agrees, they can follow the usual process to book their holiday.
An employer can refuse or cancel someone's holiday while they're on suspension. The employer should keep in mind that this could upset the employee if it affects holiday they have already booked or planned. If cancelling holiday, the employer must give the employee notice as usual.