If an employee becomes ill while on a paid suspension, can their pay be reduced to sick pay?

Suspension pending the outcome of a Disciplinary investigation

It is common for an employment contract to include the right to suspend an employee with pay for the purpose of investigating allegations of Misconduct. Generally, during a period of suspension an employee is not expected to perform any work while the investigation is in progress, and, where the employee usually works at the employer's premises, to remain away from the Workplace.

Suspension is used as a protective measure while the employer investigates allegations of serious misconduct against an employee, and the employer has reason to believe that the employee's continued presence in the workplace or performance of duties may:

1. •

   impede the investigation into the allegations, or

2. •

   present a serious risk to the interests of the business, its customers, or other employees

In some circumstances, employees may be able to claim that, by suspending them, their employer has breached:

1. •

   the implied obligation to provide work and/or

2. •

   the implied duty of Trust and confidence

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