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 raise it with their employer. It's usually best to do this informally first. They can do this by talking with their employer.
Pay if someone is sick
Check the contract to see what it says about pay during suspension.
Holiday during suspension
An employee can take holiday during suspension if their employer agrees.
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. For example, it might affect holiday they have already booked or planned.
If an employer is cancelling holiday, they must give the employee the correct notice.
Find out more about asking for and taking holiday
Contact the Acas helpline
If you have any questions about pay and holiday during suspension, you can contact the Acas helpline.