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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Payed suspended

Resolved Question:

Payed for being suspended
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
Customer: replied 1 year ago.
Sure what do you need to know ?
Expert:  Ben Jones replied 1 year ago.
Well, so far all I know is that you are being paid for being suspended. But can you tell me what has happened, what is the suspension for, how long have you worked there for, what you want to know, etc?
Customer: replied 1 year ago.
Hi Ben sorry one of my messages wasnt sent it had all the information inside it.
So this is what happened. I work Monday 22:00 to Tuesday 6:00 then wed Thur sat and sun 06:00 to 14:00
On the 24/10/15 i did not go to work as i was ill, i did phone my boss on his mobile but he didn't answer, as i feeling so ill i didn't retry to contact him. However he says he has no missed calls from him or anything. I was meant to be on holiday from the 26/10/15 to the 8/11/15 but i got 2 messages from my boss shortly after my shift was due to start on the 24/10/15. "Dont come today, you are suspended from the work, thanks for all that you have done for my work". I then sent back a text explaining that i was ill and i phonned him but couldn't get through, He then said that i think he is a fool and that "My decision is confirmed do not come till i tell u again thanks.
I then informed him i was well enough to attend work on the 25/10/15 and he refused calling me saying i was suspended.
I sent him a text on the 28/10/15 saying i had been very ill with anxioty and that i have a doctors note and it wont happen again, i was apologetic and and said i hope i can return to work after my holiday. I then heard nothing from him call text email nothing until the 9/11/15 saying "are u coming to work today or not" to which i wasn't becuase i was not told to by him.I had been in contact with my colleuges to ask weather i was on the rota for the next week and they said yes but i still was not told by my boss to return to work.So my problem is do i get paid for this suspension time and does it count as holiday.
I've been told if i was suspended then my holiday was invalid and if i have left work he needs to pay me for my holiday and time i was suspended. It does not say in my employment contract i can be suspended without pay either.
Expert:  Ben Jones replied 1 year ago.
Thank you and how long have you worked there for?
Customer: replied 1 year ago.
I have worked there since 22nd April 2015 However because its a ESSO garage with an independent retailer the retailer changed on 22nd of July 2015
Expert:  Ben Jones replied 1 year ago.
Ok thank you for clarifying. If you are suspended by your employer then that would be with pay, unless your contract stated otherwise. As your contract does not mention anything about being suspended without pay, you can expect your basic pay for the period of suspension. If you had a period of annual leave booked during the time of suspension then what would usually happen is that the employer should either allow you to take the holidays as normal and stop the suspension for that period, the re-start it once you come back, or try to cancel the holidays by giving you the required notice period under law. This period must be as long as the leave to be taken, so in your case you took around 10 days’ leave so they must give you 10 days’ notice, however no notice or mention of cancelling your holidays was given so you can assume that you were just allowed to take your holidays as you had intended to. Therefore, the period of 26 Oct – 8 Nov would be treated as holidays and you should receive your normal ay for that time, although it will be deducted from your holiday allowance. Any time before and after that during which you were suspended would also be payable as normal. You would not have been expected to return to work after your holidays unless you were asked to return or told that your suspension is lifted. As that has not happened you can assume you are still suspended, although I would check with the employer to confirm they still want that. This is your basic legal position. I have more detailed advice for you in terms of what you can do in the event you are not paid for that time, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
i was under the impression that i cant take holiday if i was suspended from work ? I have been paid in full for my 2 weeks suspenson and have left work and have a new job, I want my holiday pay thoguh as i was suspended not on holiday ?
Expert:  Ben Jones replied 1 year ago.
If you had pre-booked holidays then you are still allowed to take these unless the employer specifically goes ahead and gives you notice to cancel the annual leave you were granted. If you are suspended it does not automatically mean that you cannot go on holiday and it is cancelled - it could happen but only if the employer requests that and gives you the required notice, otherwise your holiday will stand. Does this clarify?
Customer: replied 1 year ago.
so all he owes me for is a days wages for the sunday ?
Expert:  Ben Jones replied 1 year ago.
The time you had pre-booked as holiday would be paid as holiday and taken out of your holiday allowance. If that has been paid then you will only be due money for the other days you were employed by them but on suspension
Customer: replied 1 year ago.
but i couldnt enjoy my holiday becuase of the stress and anxioty
Expert:  Ben Jones replied 1 year ago.
I appreciate that the enjoyment may not have been the same but that does not change the legal position I'm afraid - you were till technically on holiday, whether you enjoyed it or not
Customer: replied 1 year ago.
is there not anything i can do then ?
I mean an 8 hour shift is £52 so by the time i get that from him that covers you so far thats it...do you think i should persue any further ?
Expert:  Ben Jones replied 1 year ago.
You cannot claim your holidays if you actually went ahead and still used them, even if you were suspended at the time. The only way to do that is if the employer had specifically cancelled them once you were placed on suspension or they had for example treated you like you were not on holiday, such as asking you to come in to help with any investigation, but none of this happened so I am afraid you can't claim the holidays
Customer: replied 1 year ago.
sorry ben im not questioning you but i have just spoken to unite the union and they have said the opposite ?
Expert:  Ben Jones replied 1 year ago.
The people that provide first hand advice at unions are often not legally qualified so whilst they will do their best to try and provide advice which is positive to their members, it is not always right. You can see confirmation of your position here: http://www.xperthr.co.uk/faq/must-an-employee-on-suspension-while-a-disciplinary-investigation-is-carried-out-remain-available-for-work-or-can-he-or-she-take-a-holiday-during-this-period/107207/ There is nothing in law which says that if you are placed on suspension you are automatically taken off your pre-booked holidays. The law on holidays is dealt with specifically under The Working Time Regulations 1998 and once a holiday is booked it can only be cancelled if specific notice equal to the length of the holiday is given by the employer. If that does not happen, the holiday will remain in place, whether you are suspended or not
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 1 year ago.
OK then Ben thanks for this much appresheated.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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