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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Guys could u answer me couple questions on this. My sister

Resolved Question:

Hi guys could u answer me couple questions on this. My sister has been suspended 4 months ago from her work.Her employer carry on paying her wage then stop after fiew months. She still them employe up to now but they are paying her now only paye tax £40. She also has pension which they stop paying as well. Suddenly she died couple days ago and I'm wonder if that was legal to stop to paying her full wage during her suspension also don't know how work pension which she has as well.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello do you know if her contract said her employer could suspend her with no pay?
Customer: replied 1 year ago.
nothing is about that in her contract.
Expert:  Ben Jones replied 1 year ago.
When an employee is under suspension, they have the right to continue being paid their basic contractual pay. If the employer wanted to stop their pay then they must rely on a specific contractual clause allowing them to do so. If they do not have such a clause in the contract, stopping the employee’s pay will amount to a breach of contract and an unlawful deduction of wages. Payments relating to pensions are specifically excluded from the definition of wages so the employer’s failure to pay the pension contributions will not amount to unlawful deduction of wages. However, it could also be a breach of contract if the pensions contributions were a benefit afforded under contract. Those responsible for administering the estate of the deceased could make a claim against the employer on her behalf and pursue them for the missed payments. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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