Unpaid between suspension and return to work

[randomname7208633]

I am on a permanent, full time contract.

I was recently suspended from work on full pay pending an investigation. During this time I became unwell and got a sick note as I was unable to travel to a meeting as part of the investigation. As a compromise this took place over conference call.

A brief time line of events:

Friday - investigation ends
Monday - sick note expires
Tuesday - advised I can return to work after completing necessary supervision
Wednesday - supervision, given return date of Friday
Friday - return to work

I have been told that my suspension ended on Monday so I will not be paid for Tuesday, Wednesday and Thursday. My issue is that I did not choose to have unpaid leave but could not return to work any earlier. Although my employer says I was no longer suspended, the fact that I could not return to work even if I wanted to suggests that I was de facto suspended.

I've asked my line manager what action I could have taken to avoid this loss in pay and was told none, so it seems to me that they get to determine the end of suspension in a way that profits them and disadvantages me, while I have no way whatsoever to avoid it, despite being fit and available for work.

I contested this with my line manager and, in what felt like an off the cuff explanation, she told me that the investigation had taken a few days longer than planned because I was unable to attend in person due to illness meaning the conference call had to be arranged instead. This meant that my return to work was delayed from immediately after my sick note to a few days later. This seems like a bit of a red herring because if you take the sick note out of the equation they would still have lifted the suspension a few days before allowing me to return to work.

Any advice or knowledge of the law in this regard would be much appreciated, thank you.

Assuming you haven’t used all your sick days prior to this then yes you should have been paid

Is there a company handbook or union rep?

The company I work for will pay people for the time they were suspended if they are allowed to return to work following investigation.

Just to clarify, I will receive my sick pay and I will be paid for the period I was suspended.

The issue is that my employer has lifted the suspension on Monday but only allowed me to come back to work on Friday, essentially creating a gap where I was neither sick or suspended, and they are using this gap to justify not paying me.

I can see the logic - "you weren't in work so we aren't paying you" - but that was their decision, not mine. I feel that the official end of suspension is disingenuous. It allows them to not pay me while simultaneously not allowing me back in work!

Can you request to book the days as annual leave retrospectively, so that you receive payment for these days.

@Schooldilemma2021

Can you request to book the days as annual leave retrospectively, so that you receive payment for these days.

I can, yes. That isn't really my preferred solution because I would still be materially worse off, but it is there as a last recourse.

If you have regular contracted hours, then you’re entitled to be paid as normal as you weren’t off sick.

You were entitled to be in work at that point, so you’re entitled to pay, and it would probably be an unlawful deduction from wages if they try and put it down as unpaid leave.

You need to write to HR and point out you’re entitled to pay as you were ready able and willing to work.

If you were ready able and willing to return to work and are contracted to work those hours and they told you to stay at home, you are entitled to be paid.

Give ACAS a call they will give you advice on the best way to handle this with your employer.

And sometimes "I've spoken to ACAS and they tell me" can help.

@randomname7208633 if it was there instruction not to come to work, albeit you were available and willing to do so, then I agree they should be paying you.

Thanks everyone, I think i will contact ACAS as the consensus here is exactly the argument I put to my manager, and that obviously didn't work.

I honestly don't understand how they can't see a problem with the fact they informed me of the outcome at 4pm on Tuesday yet consider that an unpaid absence, and also claim my suspension ended the day before. And that's not mentioning the following days when I hadn't been cleared for work because there were still processes to follow... part of which involved me being in the office!

They're taking the piss aren't they?

They would be in the wrong by trying to enforce it. But as mentioned up thread, they can’t legally deduct from you if it’s time you should ordinarily be paid!

Isn’t there an HR Dept? Your line manager presumably isn’t in charge of payroll!

Hi OP. I was following your thread. Just wondered what the outcome was?

You're definitely entitled to the pay as it was them preventing you from working.
Try using the words "unlawful deduction from wages" in a conversation.

Yes they are taking the piss. Challenge it and don't use annual leave