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Holidays whilst suspended

Holidays whilst suspended

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Hi
We suspended an employee in week 1 pending investigation. She came in for an investigatory interview in this week. In week 2 she was still on suspension whilst the investigation continued but had this week booked as annual leave. (no plans to go way i understand).We made no mention of this leave when suspending and she did not ask at the time. She has now returned to work in week 3 (without formal action being necessary) and is asking for her weeks holiday to be refunded.
Does anyone have any thoughts on this? We have not covered this circumstance in our policy. At he moment we have indicated a no to this request!
Thanks

Alison Brookman
Alison Brookman

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By Zenith Blue
05th Jan 2009 14:12

Where I work suspension includes with it the term that you must make yourself available for work at any time during your normal working hours, should you be required to attend a meeting or whatever. if she complied with the terms of her suspension including being avaialble as and when, then she could not possibly have been on annual leave. given that no formal action was taken following the investigation, to not allow her her annual leave entitlement seems like undue punishment, and could see you landed with a greviance you might struggle to fight. i don't see what difference planning to go away or not would make.

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By marieemery
23rd Dec 2008 11:59

How have you treated any previous instances of holidays whilst employees are suspended? Or perhaps any refunding of holidays when employees are sick?

I would be inclined to take this opportunity to clarify the policy in the future, perhaps within your staff handbook.

On this occassion, I would agree with your view that the holiday stands.

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By peterstanway
19th Dec 2008 12:24

Alison
i would pay her albeit through gritted teeth
Suspension is no holiday so if it was your delay and not hers then i think she was suspended

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