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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48466
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you are suspended on full pay pending an investigation which

Customer Question

If you are suspended on full pay pending an investigation which may result in disciplinary action and during that time recieve medical treatment and medication for stress and anxiety, which takes precedence for payment of salary i.e statutory sick pay or not
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Customer:

I have over 20 years service

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 4 years ago.
Thank you for your patience. If you are on suspension with full pay and are signed off sick for a period during that time, you should continue to be paid the full pay as per the suspension. However, that is only the case if your contract entitles you to full pay during that period. If it simply says 'with pay' or similar, but does not specifically mention 'full' pay then you would only receive what you were entitled to at the time of the suspension and if you were off sick at the time, it would be just sick pay. There was actually a court case dealing with this issue and you can read more details out here:

http://www.xperthr.co.uk/article/102493/employee-already-on-sick-leave-not-entitled-to-full-pay-when-suspended.aspx
Customer: replied 4 years ago.

For Ben Jones


It might help if I am more specific. I was suspended (on full pay) for 19 weeks during which time I became ill with the stress of it all, the case went to disciplinary where the outcome was 'no case to answer'. My statement at the disciplinary informed the panel how I had suffered through the process I submitted the doctors sick notes as evidence to this statement. I was asked at the end of the procedure to hand over the original documents. I returned to work shortly after which was 11 months ago. The problem has arisen as I have recently had surgery which resulted in me being on sick leave for 8 weeks. My employer insists that during my suspension I was classed as on sick leave which in effect means I have been on sick leave for 27 weeks taking me over the 6 months full pay entitlement

Expert:  Ben Jones replied 4 years ago.
At the time of your suspension, did you inform your employer that you were signed off sick and that you could not work if needed?
Customer: replied 4 years ago.

No

Expert:  Ben Jones replied 4 years ago.
It is unlikely that the employer can claim now, retrospectively, that oh we're off at the time and drawing on your sick pay entitlement. They did not know about you being off sick at the time and as far as they we aware, you we still suspended. You did not declare yourself as being unfit for work. It appears that now they have found out that you were off with stress it would suit them to try and treat this time as sickness absence and reduce your sick pay entitlement which would go against the implied terms of fairness in employment law
Customer: replied 4 years ago.

Interesting the HR manager has told my line manager that according to law I was off sick

Expert:  Ben Jones replied 4 years ago.
Technically you may have been off sick but that is not the only issue that matters. You did not inform the employer of this at the time, you were in suspension with full pay and the application of sick pay is being made retrospectively because it would suit the employer in the circumstances. These are all relevant factors that would assist you in challenging the situation as it stands