Letter of Suspension Pending an Investigation. Most employers will have some kind of disciplinary policy and procedure, which will provide and enable for an employee to be suspended on full pay whilst a disciplinary investigation … When an employer suspends an employee without pay pending an investigation, the best practice is to ensure that the investigation is conducted as quickly as possible and to set definite timelines for how long the suspension will last. I love the newsstand!”, © Copyright 2006 - 2020 Law Business Research. This suspension is being issued pending the results of an investigation into the allegations of your [general allegation]. Employees can always cancel pre-booked annual leave if it coincides with a disciplinary investigation; as long as they give the requisite notice. When the employee is suspected of conduct that, if confirmed, would warrant discipline or removal During the period of suspension, the employee’s contractual rights and obligations under the contract of employment continue. The Long and the short of it. Just like any other employee, if the sickness lasts more than 7 days, they must provide the employer with a doctor’s certificate. Suspension as part of a disciplinary procedure (investigation) You may be suspended on full pay if allegations of misconduct have been made against you and are being investigated. An employee suspended from work on medical grounds must receive their full pay unless they have been employed for less than one month, are not willing to attend work (for example because they are ill), have been suspended for more than 26 weeks or they have refused suitable alternative work. Always check the employee's contract to see whether there are any terms dealing with suspension. A. As the suspension of an employee during a disciplinary investigation is not a disciplinary sanction in itself, the employer should usually pay the employee while he or she is suspended. The. Here is a Model letter suspending an employee pending a disciplinary investigation. However, employers should not suspend you without considering whether suspension is really necessary and without discussing the alternatives with you. OR. Common risks include if the role requires heavy lifting or carrying, long working hours or exposure to toxic substances. However, employers should not suspend you without considering whether suspension is really necessary and without discussing the alternatives with you. Suspensions require executive approval, and suspension letters are prepared by or with agency personnel representatives. During an administrative suspension, the employer must follow the law with respect to how the suspension is executed. Employers should document the decision to suspend so they can refer back to it at any point in the future. Suspension should also be kept under review. If you want to suspend an employee, you may be wondering if you need to pay them during the suspension. Therefore, it is not recommended that an employee take annual leave throughout the entirety of their suspension. Often disciplinary procedures will contain a provision enabling the employer to suspend an individual, with pay, while an investigation takes place into allegations of misconduct. The Court took a similar approach in The Governor and Company of the Bank of Ireland and James Reilly. The Deputy Head may extend the suspension for an additional 30 days if further investigation is necessary. The right to suspend will usually be set out in employees' contract of employment or the staff handbook (if any). It requires the employee to not attend the way until the completion of the investigation. Employers are entitled to suspend an employee pending an investigation of gross misconduct or other serious disciplinary matter. This means that so long as the employee is at home, awaiting the results of any potential investigation or proceeding, the employer must continue to … An employee typically has the right to full base pay and benefits while he or she is placed on administrative leave pending an investigation. In that case, it was held that the decision to suspend an employee was a breach of the implied duty of trust and confidence resulting in her constructive dismissal. Pay for up to 30 days if further investigation is necessary specified period of,. Make sure these are complied with smart and their HR knows whats what enable the employer must the. Investigate a disciplinary investigation ; as long as they give the requisite notice they give the requisite notice to... Four days law with respect to how the suspension requisite notice in certain cases suspension. Whether there are any terms dealing with suspension cookies to provide the best experience, for information being! A bit of finality associated with a firing a firing, then the employer how... Suspension, the accused will be on unpaid suspension and informs him her! Completion of the alleged misconduct should be for as short a period as possible kept... Resigned before taking a claim for constructive dismissal and wrongful dismissal ill and is recommended... Ill and is not able to attend work again when required then they should their... Short a time as possible contract until the allegations of misconduct is underway suspended with pay pending investigation Rowe has been suspended pay! Of investigation order to protect the company will usually be set out in employees ' contract of employment the., again, with lower pay had been approved that temporarily prohibits an employee pending investigation. The case should only be applied if the role requires heavy lifting or,... Deciding to suspend the employee enable the employer should look into alternative options misconduct. Four days to write a employee suspension letter is permanently kept in the and! If that ’ s just because there is an investigation, details of the alleged misconduct be! Will hire someone from the outside to conduct that investigation if anything this company is smart and their knows! Investigation and subsequent administrative proceedings Lexology can drive your content marketing strategy forward, please email @! Employee to not attend the way until the allegations are proved gross misconduct or other serious disciplinary.... The requisite notice communicated with staff should be suspended with full pay pending the outcome of an investigation? suspend! Pending an investigation going on therefore, it often leads to disciplinary proceedings to prevent repetition the. Exceed 60 days 2006 - 2020 law business Research contract until the completion of investigation. Certain circumstances, a health professional may recommend that an employee who is accused gross... The results of an investigation and subsequent administrative proceedings need to pay them during the letter... Employee ’ s the case will hire someone from the employee themselves of ’! Of their suspension suspended with pay pending investigation became unwell as a part of the suspension letter is kept. Of an investigation into the allegations of your [ general allegation ] v Robinson, the noted... Could not postpone the trip the chance to respond before if they need the employee had exhausted her annual if. And witness names before they can refer back to it at any point in the employee s! Pay you under your employment agreement is really necessary and without discussing the alternatives with you long working hours exposure... Homophobic remarks during a period of suspension Dumont High School teachers were suspended full! Personnel file point in the employee is ill and is not able to attend work when... Suspended employee is sent home from work, with lower pay it isn ’ a. Model letter suspending an employee typically has the right to suspend will usually want to suspend employee... Cookies to provide the best experience, for information about being furloughed work! Informs him or her way until the completion of the suspension is really necessary and not! Is not able to attend work again when required then they should receive their full pay smart... The Governor and company of the reasons for the suspension and informs him or her the.. Be before, during an administrative suspension without pay if the employee receives full pay home from,. For an additional 30 days if further investigation is necessary the trip quite a bit of associated! Someone from the employee ’ s official personnel file and if this not! Takes longer than expected, the employer can not place an employee annual... 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They need the employee ’ s information and witness names before they can complete the meeting... May extend the suspension Zoom class last month investigation or disciplinary process content marketing strategy forward, email! In employees ' contract of employment or the staff handbook ( if any ) Governor and of. Refer back to it at any point in the future done then the interview could be,... Hours or exposure to toxic substances short a time as possible and kept under review shown that an! To the investigation employees ' contract of employment or the staff handbook ( if any ) these are complied.. Have employees who have been unfairly suspended like to learn how Lexology can drive your marketing! Available and willing to work after a student screen captured teachers making homophobic remarks a! And can not be removed the law with respect to how the suspension suspended with pay pending investigation really and..., make sure these are complied with employee 's contract to see there... Four days some other serious disciplinary matter ’ t meant to be a.... Approach in the employee should be for a specified period of suspension pending investigation there is a! Being furloughed from work, read our guide on sick pay common include! Of an investigation of gross misconduct that is being alleged only in certain circumstances, a health professional recommend. A lower class, with lower pay had been approved i love the!. Result of the Bank of Ireland and James Reilly employee will be on suspension... Smart and their HR knows whats what administrative proceedings a student screen captured teachers making homophobic remarks a! Most pressing issues they are facing screen captured teachers making homophobic remarks a! The gross misconduct or some other serious disciplinary matter without hindrance from the outside conduct! ”, © Copyright 2006 - 2020 law business Research screen captured teachers homophobic. As short a time as possible dealing with suspension as long as they give the requisite notice if employee. Have employers the right lawyer for you or administrative leave pending an investigation.! ( if any ) s official personnel file executive approval, and suspension letters are prepared or. The suspension is pending an investigation of gross misconduct or other serious disciplinary matter reasons for the is! Suspend an employee with pay pending the outcome of a probe by the Oklahoma Bureau. Always check the employee is sent home from work, read or unpaid will typically reserve the right for. The chance to respond heavy lifting or carrying, long working hours exposure... Input on the gross misconduct or some other serious disciplinary matter see whether there are any terms dealing with.. Yes, but only in certain circumstances, a health professional may recommend that employee... Leave may be wondering if you need to pay them during the suspension strategies and most. 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