| Commentary

(c) Right to payment

| Commentary

(c)     Right to payment

In the great majority of cases, suspension imposed as part of a disciplinary process, as distinct from suspension as a disciplinary penalty, will be with pay. This is usually expressly provided for in disciplinary procedures (although it is in principle possible for a contractual disciplinary procedure to provide for suspension without pay pending disciplinary proceedings), but in most circumstances will flow from the fact that the only impediment to the employee continuing to work is the suspension imposed by the employer. The starting point is that so long as the employee is ready, able and willing to work, a refusal by the employer to accept his or her services does not release the employer from its obligation to pay wages or salary. However, there may be circumstances in which the employer can properly say that the employee has disabled him or herself from being able to serve, and therefore need not be paid. For a fuller discussion of the rather inconsistent case law on the more general issue of the right to be paid contractual remuneration, see BI

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