Rights for an Employee on Suspension
We have just suspended someone for suspected gross misconduct but it may take some time to complete our investigation. His manager asked if he accrues holiday entitlement at the statutory rate (28 days) or their contractual rate (in this case 33 days) during their period on suspension. I said that this is a statutory matter so only 28 days. He also wants to contact his colleagues and I do not think we can stop him under the Human Rights Act.
It is likely to be a contractual matter and as it should only last for a couple of weeks at most then you would be arguing fractions of a day’s entitlement. Suspension is meant to be a neutral action and such penny pinching makes it look like you are being vindictive. It would not be unusual or wrong to say he/she should not attend their place of work other than for the purpose of attending disciplinary proceedings. Nor should they be allowed to contact any other employees, suppliers or customers of the employer, except a nominated representative/colleague prior to any disciplinary proceedings, without the employer’s consent. Most Human Rights Act arguments are without any legal substance within an employment setting.
The guidance provided in this article is just that – guidance. It is not legal advice as every case depends upon the facts. The law is forever changing and you need to keep up with these changes to ensure that you are behaving in the correct way.
Before you take any action make sure that you know what you are doing, or call us for proper advice.