Suspension from Work – Disciplinary, Maternity, Medical

An employer may decide to temporarily suspend an employee from work for reasons connected with those detailed below.  For the most part an employee who is suspended is entitled to be paid their normal pay during the period of suspension.  

  • Disciplinary investigation – in order to carry out an investigation into alleged misconduct.  Caution should be exercised when deciding to suspend in such cases and consideration should first be given to allowing an employee to take a period of annual leave or other absence, or temporary transfer within the organisation
  • Disciplinary Penalty – as an alternative to dismissal employers may decide to temporarily suspend an employee without pay from work.  Employers must ensure they have a contractual right to suspend without pay in these circumstances to avoid a Breach of Contract claim.  
  • Maternity absence – see Maternity Suspension
  • Medical Suspension – similar to Maternity Suspension an employer reserves the right (as provided for in certain legislation) to suspend an employee from work on medical grounds where the environment or role poses a risk to their heath. An employee who is suspended on medical grounds is entitled to receive pay for a period not exceeding 26 weeks, provided they have one months service; are available to return to work and have not unreasonably refused any offer to suitable alternative work.

For guidance on suspension in connection with disciplinary investigations and penalties please contact the Agency Helpline on 028 90321442

Telephone Enquiry Point

The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.

The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.

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