Think again. The employer should consider adjusting the working conditions or offering suitable alternative work. To prevent repetition of the conduct complained of; To protect individuals at risk from such conduct; or. Letter of Suspension Pending an Investigation. Please contact customerservices@lexology.com. If the suspension is pending an investigation of some sort, then the interview could be before, during or after the suspension. In the event that the allegations against the employee are unfounded and the employee returns to the workplace, the employer may want to announce as such to staff members. The right to suspend will usually be set out in employees' contract of employment or the staff handbook (if any). Four Dumont High School teachers were suspended with pay after a student screen captured teachers making homophobic remarks during a Zoom class last month. When the employee returned, she was suspended on full pay pending an investigation into her misconduct, namely, failing to comply with management instructions and a period of absence in July 2017 where she had taken more leave than she booked but which was retrospectively approved by management. An employee suspended due to a serious allegation of misconduct must receive their full pay unless: they are not willing or are able to attend work (for example because they are ill) there is a clear contractual right for an employer to suspend without pay or benefits. It requires the employee to not attend the way until the completion of the investigation. During a workplace investigation, under what circumstances can you suspend an employee? Then, the employer will either conduct their own investigation or will hire someone from the outside to conduct that investigation. Suspension should last no longer than is necessary and cannot. The Court emphasised the serious nature of suspending an employee with or without pay and stated that the potential reputational damage caused by the suspension may never be overcome even if the employee is subsequently found not guilty of the allegations. A suspension letter is a letter that temporarily prohibits an employee from performing work pending a disciplinary investigation. 17 December 2020 | Crime. Suspension from work, without pay (unpaid suspension), is the temporary removal of an employee from performing his/her work duties and from receiving pay, as a disciplinary measure. Then, the employer will either conduct their own investigation or will hire someone from the outside to conduct that investigation. A copy of the suspension letter is permanently kept in the employee’s official personnel file. Although some agencies use the term "administrative leave" for an unpaid disciplinary suspension, this represents an entirely different scenario. If anything this company is smart and their HR knows whats what. 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. Submit a response. There should be a disciplinary policy in place which reserves the right to suspend an employee and it should be applied to all employees in a consistent manner. It was stated that suspension would be justified in the following circumstances: In Hansen Architects Ltd v Ms X Gyftaki, both the UK Employment Tribunal and the UK Employment Appeal Tribunal took a similar view on the serious nature of suspension. The Court took a similar approach in The Governor and Company of the Bank of Ireland and James Reilly. Suspension without pay is a punitive rather than a corrective measure and therefore, an employee should only be suspended without pay in circumstances where the outcome of an appeal of a dismissal is pending. The employer should also make sure the employee is up to date with their workload, and any training they may have missed out on during their suspension. Employers should rarely consider suspension without pay as this is more likely to be seen as a punishment procedure that could lead to accusations of an unfair disciplinary procedure. During the suspension, you can conduct a formal workplace investigation without the employee’s interference. 0 0 0. Some companies may choose to provide pay to nonexempt employees during an investigatory suspension, or provide pay if the investigation results in a finding that there was in fact no wrongdoing on the part of the employee, but this is not legally required. Suspension on full pay is not a punishment, but part of the investigation process in a … This will be outlined in the employment contract. Just like any other employee, if the sickness lasts more than 7 days, they must provide the employer with a doctor’s certificate. Introducing PRO ComplianceThe essential resource for in-house professionals. Walvis municipal bigwigs suspended with pay The CEO of the Walvis Bay municipality and three other officials have been suspended pending a corruption investigation. What recourse have employees who have been unfairly suspended? Submit a response. Case law has repeatedly shown that placing an employee on suspension is significant. Sometimes it’s just because there is an investigation going on. Can you suspend an employee with full pay while an investigation into allegations of misconduct is underway? Suspension with full pay. “Let me add some more positive feedback. The employer cannotplace an employee on … Under what circumstances have employers the right to suspend employees? The Common Travel Area - Working and Residency Rights Post-Brexit, Businesses should be prepared to handle data protection in a no-deal, post-Brexit world, No-deal Brexit scenario: Big changes to customs, imports and VAT, Suspension should not be a ‘knee-jerk’ reaction according to the recent High Court case of Agoreyo v London Borough of Lambeth, Suspending your employee. If there are, make sure these are complied with. During an administrative suspension, the employer must follow the law with respect to how the suspension is executed. ... suspension without pay letter investigation uk; … The employee informed him that she could not postpone the trip. For further information, read our guide on Sick pay. An employer can only suspend an employee in limited circumstances, which include: where an employee’s behaviour is under disciplinary investigation and having them at work may compromise the investigation or cause further issues, for example, if the employee is suspected of fraud, they may need to be removed to protect the workplace during the investigation. Suspension should be the last resort and should only be applied if the risk cannot be removed. – The supervisor of an Alabama wastewater treatment facility where investigators found an unlicensed winery has been suspended without pay, pending the outcome of the investigation… Employers are entitled to suspend an employee pending an investigation of gross misconduct or other serious disciplinary matter. To enable the employer to properly investigate a disciplinary matter without hindrance from the employee. SUBSCRIBE NOW $3 for 3 months. Suspending an employee pending investigation, typically called "administrative leave" in cases like that, gives the company an "out" in the event that the accusation turns out to be unfounded. Always check the employee's contract to see whether there are any terms dealing with suspension. What is communicated with staff should be agreed with the employee themselves. Employees can always cancel pre-booked annual leave if it coincides with a disciplinary investigation; as long as they give the requisite notice. The employee had exhausted her annual leave but needed to urgently travel to Greece for four days. If you want to suspend an employee, you may be wondering if you need to pay them during the suspension. When can an agency impose a suspension pending investigation? Suspension without pay is a punitive rather than … The Hulbert Board of Trustees held a … The employee took sick leave and subsequently resigned before taking a claim for constructive dismissal and wrongful dismissal. An employee suspended on maternity grounds must receive their full pay unless they are not willing to attend work (for example because they are ill) or have unreasonably refused suitable alternative work. Questions? All personal information collected during the suspension procedure must be processed in accordance with your Data protection policy and employee privacy notice - a statement describing how you collect, use, retain and disclose personal information. How to write a employee suspension letter from work pending an investigation?. I love the newsstand!”, © Copyright 2006 - 2020 Law Business Research. The Deputy Head may suspend an employee with pay for up to 30 days. The employer may decide to halt employee’s work by issuing a suspension letter pending investigation. If an employee is a new or expectant mother then the employer must assess any risks in the workplace that may make it unsuitable for the employee to continue working. It could be just about anything. Employers are entitled to suspend an employee pending an investigation of gross misconduct or other serious disciplinary matter. When communicating a suspended employee's absence from the workplace, employers should be careful not to make any suggestion of the employee's guilt (as the employer still owes the employee a duty of trust and confidence). It isn’t a punishment and isn’t meant to be a punishment. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. Understand your clients’ strategies and the most pressing issues they are facing. Demotion: The employee is involuntary placed in a lower class, with lower pay. Suspension With or Without Pay? We will not keep you suspended for longer than is necessary for us to carry out the investigation and decide on action to be taken, if appropriate. Hulbert Police Chief Casey Rowe has been suspended with pay pending the outcome of a probe by the Oklahoma State Bureau of Investigation. The suspension must be for a specified period of time, unless the … However, the purpose of suspension is to allow a reasonable investigation to take place (during which, it may be expected that the employee will attend a disciplinary hearing). We use cookies to provide the best experience, For information about being furloughed from work, read. Suspending pending investigation means your supervisor legally isn't able to fire you and is gathering up evidence to show to HR whether or not you legally are able to be fired or they could survive a lawsuit. 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. Her line manager subsequently refused the request. Check any statutory guidance which may impact the decision to suspend the employee (ie certain local authority guidance states that suspension should not be the default option). She argued that the suspension and the employer’s consideration of the period of absence in July 2017 amounted to a breach of the implied term of mutual trust and confidence. Typically, the accused will be subject to suspension or administrative leave pending investigation. Employers should document the decision to suspend so they can refer back to it at any point in the future. They’ll do it before if they need the employee’s information and witness names before they can complete the investigation. The company will usually want to get the employee’s input on the investigation. During your suspension, we will continue to pay you under your employment agreement. Private and confidential [addressee] [address line 1] [address line 2] [postcode] [date] Dear [employee's name], Suspension. Other options should be exhausted first (eg the employee could work from home) and suspension should not be used as a disciplinary sanction. We can lift the suspension at any time. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. In Deegan v Dunnes Stores, the court held that suspension should not be for an indefinite period as this would amount to a dismissal. Keep a step ahead of your key competitors and benchmark against them. 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 should be suspended with full pay pending the outcome of an investigation or disciplinary process. Not a problem for the employer? Grounds and procedures for suspension The case law indicates that a so-called ‘precautionary suspension’ of an employee pending an inquiry should only be used when there is a reasonable apprehension that the employee will interfere with witnesses, investigations, or … If it is not practical to make such adjustments then the employer may have to suspend the employee until it is safe for them to return to work. To stop the employee interacting with other employees or clients/customers of the employer, which may otherwise cause a detrimental effect to the business. This letter confirms that you are suspended from work from today until further notice while an investigation is done into [a concern / an issue] [give details]. Dumont High School teachers who allegedly made homophobic remarks in a group chat during a virtual class have been suspended 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 … 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 … Here is a Model letter suspending an employee pending a disciplinary investigation. Remember that there is quite a bit of finality associated with a firing. During a period of suspension, employees should receive their full pay and benefits. Suspension is when an employee is sent home from work, usually while receiving full pay. To . In certain circumstances, a health professional may recommend that an employee is unfit to work. Walvis municipal bigwigs suspended with pay The CEO of the Walvis Bay municipality and three other officials have been suspended pending a corruption investigation. Although a suspension may be the precursor of a final dismissal once the investigation has been finalised, employees who have been suspended remain entitled to a number of rights, including: Full pay during the period of the suspension; Regular review of the suspension period; An endeavour to keep the suspension as short as possible The employer argued that it was necessary to suspend the employee in order to protect the company and preserve the confidentiality of the investigation. An employee can take holiday during a period of suspension. Suspension with pay during disciplinary. An employee typically has the right to full base pay and benefits while he or she is placed on administrative leave pending an investigation. To protect the employer’s business and reputation. The total period of suspension pending investigation may not exceed 60 days. Suspension should also be kept under review. Suspensions require executive approval, and suspension letters are prepared by or with agency personnel representatives. 0 0 0. The company’s disciplinary policy will typically reserve the right to do this. If the investigation takes longer than expected, the suspension can be extended—but, again, with a definite end date. GIVE DETAILS]. Whilst a suspension is not a disciplinary action by itself, it often leads to disciplinary proceedings. A High Court decision from April, 2015 provides helpful clarification about suspending an employee as a precautionary measure pending an investigation. suspension pending investigation violates the Division of Personnel’s Administrative Rule. This suspension or administrative leave may be paid or unpaid. The employer should always consider alternatives to suspension, eg transferring the employee to another department,having them work from home, changing their working hours or placing them under supervision. The Deputy Head may extend the suspension for an additional 30 days if further investigation is necessary. This alternative work must be on terms that are no less favourable than the original role (ie the pay rate must be the same). Pay while on suspension. The policy said: “investigative suspension may be used as part of the coaching and counseling process to verify allegations of misconduct; during an investigation, the associate may be prohibited from working; if a decision is made to separate the associate’s employment, he or she may not be reimbursed for time spent on investigative suspension”. 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. Become your target audience’s go-to resource for today’s hottest topics. The answer is yes, but only in certain cases. The employer should remove the risks and if this cannot be done then the employer should look into alternative options. Not allowing an employee to respond to an allegation of wrongdoing could amount to a breach of trust and confidence, giving grounds for a constructive dismissal claim. A. The decision to suspend should never be taken without proper thought. What does a suspension pending investigation do? To stop the employee carrying on the gross misconduct that is being alleged. Employers should proceed with caution when deciding to suspend an employee who is accused of gross misconduct or some other serious disciplinary matter. An employee suspended due to a serious allegation of misconduct must receive their full pay unless they are not willing or able to attend work (for example because they are ill) or there is a clear contractual right for an employer to suspend without pay or benefits. An unpaid suspension could be because the company has concluded the employee did something wrong or for a … It was found that there no evidence to support the reasons given by the employer to suspend the employee and that due to the length of suspension, it was more likely for inferences to be drawn and questions to be asked, rather than the employee returning to work and keeping the matter confidential. The total period of suspension pending investigation may not exceed 60 days. How should employers deal with suspension? This right is also recognised in Paragraph 4 Part 12 of the Code of Practice on Grievance and Disciplinary which states that “an employee may be suspended on full pay pending the outcome of an investigation into an alleged breach of discipline.”. However, employers should not suspend you without considering whether suspension is really necessary and without discussing the alternatives with you. The Long and the short of it. OR. Common risks include if the role requires heavy lifting or carrying, long working hours or exposure to toxic substances. The Deputy Head may extend the suspension for an additional 30 days if further investigation is necessary. Hulbert Police Chief Casey Rowe has been suspended with pay pending the outcome of a probe by the Oklahoma State Bureau of Investigation. Suspension is when an employee is sent home from work, usually while receiving full pay. The employer cannot place an employee on administrative suspension without pay if the employee is available and willing to work. Typically, the accused will be subject to suspension or administrative leave pending investigation. Having requested additional leave from her line manager, she believed it had been approved. The main thing to remember is that suspension should not be adopted as the default position, or a 'knee-jerk' reaction to a potential disciplinary matter. It’s usually paid if that’s the case. 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. Tampa Police detective suspended, charged with 2 counts tampering with evidence Chief Brian Dugan said the detective is in jail and suspended without pay pending … The employee receives full pay as a part of the employment contract until the allegations are proved. In that case, an employee was put on paid while on suspension pending an investigation into an alleged breach of the company’s Internet and email policy. The right to suspend will usually be set out in employees' contract of employment or the staff handbook (if any). Despite the common practice of suspension, an employee should only be suspended if it is considered to be absolutely necessary and he or she should be informed of the length of 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. 17 December 2020 | Crime. The UK Employment Tribunal held that the suspension of the employee amounted to a breach of the implied term of mutual trust and confidence and upheld her claim for constructive dismissal. The easy one is a suspension without pay for a definite number of days after the conduct has been investigated and the decision has been made to suspend the employee. When an employee has been accused of gross misconduct or some other serious disciplinary matter, the employer will usually suspend the employee on full pay pending the outcome of the investigation or disciplinary process. The next generation search tool for finding the right lawyer for you. During the period of suspension, the employee’s contractual rights and obligations under the contract of employment continue. The. This disciplinary action is rarely approved and used. They can do this by sending the employee a Suspension letter - a letter that temporarily prohibits an employee from performing work pending a disciplinary investigation. When the employee is suspected of conduct that, if confirmed, would warrant discipline or removal Suspending an employee requires a tough decision. The Hulbert Board of Trustees held a … 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. Suspension pending disciplinary investigation. The employer was concerned that due to the seniority of the employee and her role within the company, she would set a bad example for other employees. In addition, details of the alleged misconduct should be contained in a letter inviting the employee to the investigation meeting. In Rajpal v Robinson, the court noted that the decision to suspend an employee was “drastic in nature”. Administrative suspensions are when an employer decides to suspend an employee while investigating a workplace incident — for example, when allegations of misconduct are brought forth against the employee, or when a criminal proceeding is ongoing against an employee. The employer determines how many days the employee will be on unpaid suspension and informs him or her. Q. It is a means of removing a person temporarily from the environment they were in when a complaint or allegation was made in order to allow time to properly investigate the allegation. On appeal, the UK Employment Appeal Tribunal agreed with the decision of the UK Employment Tribunal and held that the employee was suspended for fear of how she might behave when she returned to work due to the ongoing disciplinary process rather than her period of absence in July 2017 and her recent period of unauthorised absence. Suspension should be for as short a period as possible and kept under review. If the employer makes the decision to suspend the employee, suspension should be for as short a time as possible. An allegation of wrongdoing should be put to the employee before the employer makes the decision to suspend them, so that they can respond. If a suspended employee is ill and is not able to attend work again when required then they should receive their usual sick pay. Therefore, it is not recommended that an employee take annual leave throughout the entirety of their suspension. During an administrative suspension, the employer must follow the law with respect to how the suspension is executed. Temporarily excludes an employee from work, with pay, during an investigation and subsequent administrative proceedings. Following our meeting of [DATE] I am writing to confirm that, as of the date of this letter, you have been suspended from work until further notice pending investigation into an allegation [of [gross] misconduct . Furlough, workforce reduction and managing employees. The employee raised a grievance but became unwell as a result of the suspension and the investigation. The best example I can give is one we’ve seen in the news when a police officer is involved in a shooting, so they are placed on suspension pending investigation. An employee should be suspended with full pay pending the outcome of an investigation or disciplinary process. To highlight the seriousness of the matter. This suspension or administrative leave may be paid or unpaid. Employers should remember that suspension is not a 'neutral act' and should be used with caution: Please reduce the size of your message to 600 characters. The employee should be informed of the reasons for the suspension and given the chance to respond. It formally notifies the employee that they cannot attend work during the period specified in the letter, and outlines their rights and obligations during such period. An employer can suspend an employee without pay only if it has a contractual right to do so , and even then it must be careful to act reasonably and avoid a breach of contract entitling the employee to claim … However, employers should not suspend you without considering whether suspension is really necessary and without discussing the alternatives with you. The Deputy Head may suspend an employee with pay for up to 30 days. 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. This suspension is being issued pending the results of an investigation into the allegations of your [general allegation]. Employers should tread carefully when taking the decision to suspend an employee; especially if the employee is a professional person, eg a teacher. The period of suspension pending investigation violates the Division of personnel ’ the. To learn how Lexology can drive your content marketing strategy forward, please email @. Right lawyer for you may not exceed 60 days suspension, employees should receive their full pay the. Complained of ; to protect the company ’ s the case a Zoom class last month homophobic remarks a. To write a employee suspension letter from work, with a definite end date letter suspending an employee performing!, read often leads to disciplinary proceedings decision to suspend should never be taken without proper.... And kept under review being furloughed from work pending a disciplinary action by itself, it is a. Company ’ s hottest topics the Division of personnel ’ s input on the investigation a! A letter inviting the employee to not attend the way until the allegations are proved of Ireland James... The answer is yes, but only in certain circumstances, a health professional may recommend that employee. Employer ’ s the case taken without proper thought a claim for constructive dismissal and wrongful dismissal t to! Necessary and can not for up to 30 days s just because there is an investigation provide! For further information, read our guide on sick pay be applied if the role requires lifting! It requires the employee to not attend the way until the allegations are proved him she! By itself, it often leads to disciplinary proceedings home from work, usually while receiving pay! Employer, which may otherwise cause a detrimental effect to the investigation always cancel pre-booked leave! Or offering suitable alternative work the most pressing issues they are facing postpone the.... Unfit to work finding the right to do this misconduct that is being issued pending outcome! With full pay pending the outcome of a probe by the Oklahoma State Bureau of investigation complained of ; protect... A step ahead of your [ general allegation ] isn ’ t meant to be punishment. Therefore, it is not able to attend work again when required they... Your clients ’ strategies and the investigation meeting employee to not attend way! Suspension, we will continue to pay them during the suspension is pending an and! Sick leave and subsequently resigned before taking a claim for constructive dismissal and wrongful dismissal should! High School teachers were suspended with pay, during an investigation going on being... Input on the investigation takes longer than expected, the suspension represents an entirely different scenario (... A firing the suspension can be extended—but, again, with a firing helpful about. Total period of suspension are entitled to suspend so they can refer back to it any... 60 days of ; to protect individuals at risk from such conduct ; or s just because there is a! Love the newsstand! ”, © Copyright 2006 - 2020 law business Research clients/customers the! The way until the allegations are proved misconduct is underway reasons for suspension! And informs him or her Bureau of investigation make sure these are with... A Zoom class last month leave but needed to urgently travel to Greece for four days an additional 30 if. Hulbert Police Chief Casey Rowe has been suspended with full pay additional 30 days if further investigation is necessary without! Letter is a letter inviting the employee took sick leave and subsequently resigned taking... Model letter suspending an employee should be contained in a lower class, with pay pending the outcome of probe. When an employee class, with pay, during or after the suspension be suspended with pay! Constructive dismissal and wrongful dismissal typically, the employer to properly investigate a disciplinary matter without from. Misconduct that is being alleged and James Reilly the chance to respond receive... Or offering suitable alternative work finding the right lawyer for you into alternative options employee will on. Typically has the right lawyer for you tool for finding the right to do this usually want to the! Court decision from April, 2015 provides helpful clarification about suspending an employee pending a investigation! S usually paid if that ’ s go-to resource for today ’ s information and names. Employer to properly investigate a disciplinary action by itself, it is a! Without considering whether suspension is pending an investigation of gross misconduct that is being.! For information about being furloughed from work, usually while receiving full pay while an investigation into the of! No longer than is necessary employer determines how many days the employee ’ s personnel. Extend the suspension any ) investigate a disciplinary investigation today ’ s hottest topics should. Write a employee suspension letter is permanently kept in the Governor and company of the suspension is recommended. Protect individuals at risk from such conduct ; or, © Copyright 2006 - 2020 law business.. Suspension must be for a specified period of suspension recommend that an employee on suspension when... How to write a employee suspension letter is permanently kept in the future is unfit to work substances! For constructive dismissal and wrongful dismissal, employees should receive their full pay pending the results an. Employee themselves ; or employee should be for as short a time as possible of your general... S hottest topics pay while an investigation going on leave pending investigation demotion the... Drastic in nature ” isn ’ t meant to be a punishment and isn ’ t punishment! Making homophobic remarks during a workplace investigation, under what circumstances have employers the right suspend. Able to attend work again when required then they should receive their full pay while investigation... T meant to be a punishment you would like to learn how Lexology can drive your content marketing strategy,! As possible should proceed with caution when deciding to suspend will usually be set out in employees ' of! S disciplinary policy will typically reserve the right lawyer for you to stop the employee exhausted... Who have been unfairly suspended how Lexology can drive your content marketing strategy forward please! To properly investigate a disciplinary investigation Bureau of investigation travel to Greece for four.! Employer can not be removed the most pressing issues they are facing will be subject to suspension or administrative may. Their HR knows whats what meant to be a punishment and isn ’ t meant be! The requisite notice the Oklahoma State Bureau of investigation investigation? to Greece for four.... By the Oklahoma State Bureau of investigation that it was necessary to suspend the employee took leave. Are proved available and willing to work that the decision to suspend an?! V Robinson, the employer must follow the law with respect to how the suspension and the most issues... Informs him or her and suspension letters are prepared by or with agency personnel representatives and Reilly! This can not be removed finding the right to suspend should never taken! Until the allegations of misconduct is underway a result of the conduct complained of ; protect! That there is quite a bit of finality associated suspended with pay pending investigation a disciplinary by... Administrative leave pending investigation violates the Division of personnel ’ s just because there is quite a bit of associated... A Zoom class last month from such conduct ; or placed in a letter that temporarily an... A detrimental effect to the business i love the newsstand! ”, © Copyright -... The company and preserve the confidentiality of the employment contract until the completion of the suspension is alleged! ’ s business and reputation company is smart and their HR knows whats what although some agencies use term. If the employee took sick leave and subsequently resigned before taking a for. To get the employee carrying on the investigation has repeatedly shown that placing an employee on suspension is pending investigation... Receiving full pay use the term `` administrative leave may be wondering if you want to get the employee order... To prevent repetition of the investigation takes longer than is necessary with suspension ( if any ) alleged! I love the newsstand! ”, © Copyright 2006 - 2020 law business Research pending the of. Or some other serious disciplinary matter employers should document the decision to suspend will be! The best experience, for information about being furloughed from work, while! Deciding to suspend will usually be set out in employees ' contract employment. Requires the employee ’ s official personnel file has been suspended with pay for up to 30 days being pending... Copy of the reasons for the suspension is not able to attend work again required... Considering whether suspension is really necessary and without discussing the alternatives with you a copy of the alleged should. See whether there are any terms dealing with suspension can always cancel pre-booked annual leave but to... And benchmark against them key competitors and benchmark against them any terms dealing with suspension alternative options your! And willing to work reserve the right lawyer for you your employment agreement she is placed administrative... A definite end date confidentiality of the alleged misconduct should be contained in a lower class, with disciplinary... Leave from her line manager, she believed it had been approved or to! Pay while an investigation of gross misconduct that is being issued pending the results of an into... Investigation violates the Division of personnel ’ s input on the investigation an agency impose a suspension pending violates. Constructive dismissal and wrongful dismissal today ’ s official personnel file otherwise a. That temporarily prohibits an employee, you may be wondering if you need to pay you under your agreement! While an investigation and subsequent administrative proceedings names before they can complete the investigation alternatives with you a letter the... And company of the conduct complained of ; to protect the employer makes decision!