|
|
 |
Site Map

Add Site To Favourites.
|
|
|
|
Employment Law Solicitors - Suspending Employees
|
| |
|
Employment Law Solicitors:
Suspending Employees from Work
Employees can potentially find themselves suspended for the
following reasons: lay-off, medical suspension, maternity
suspension, and during a gross misconduct inquiry.
Lay-Offs
If there is a lay-off clause within the employees contract,
then the employer can lay-off an employee on those occasions
when the business is operating at less than normal capacity
and the services the employee usually provides are not
consequently required. When laid off, an employee is
entitled to a statutory guarantee payment for 5 days of
lay-off in any 3 month period except where the employee has
worked for the employer for less than a month or has
unreasonably refused appropriate alternative work. They
would also not be entitled to a statutory guarantee payment
should their contract predate the 1st October 2002, exceed 2
years duration, and contain a 'waiver clause'. Payments
nevertheless are capped at a statutory maximum. Should the
employee be laid off without pay or placed on short time
(i.e. less than half a week per week) for 4 consecutive
weeks, or for 6 weeks in a 13 week period, then they may be
entitled to redundancy pay so long as they have at least two
years' continuous service with the employer.
Medical Suspension
Where there is a continued risk to health from exposure to
hazardous substances, those employees affected must be
suspended. Once suspended, the employees concerned are
entitled to full pay for up to 26 weeks.
Maternity Suspension
Where there are risks to pregnant employees which cannot be
avoided and there is no appropriate alternative work
available for them, then those employees must be suspended
on full pay. Nevertheless, should the employee have
unreasonably refused appropriate alternative work, then they
lose their pay entitlement.
Gross Misconduct Enquiry
Employees can be suspended whilst their employer
investigates allegations against the employee of gross
misconduct. As the suspension does not represent
disciplinary action, employees are normally suspended on
full pay.
Tribunal Claims
Employees who are not paid during a medical or maternity
suspension or who don’t receive the statutory guarantee
payment following lay-off can bring a tribunal claim which
must brought within six months of the date they were first
not paid. Should an employee be dismissed by an employer
looking to avoid a maternity suspension or for asserting
their statutory rights re suspension, then the dismissal is
deemed automatically unfair regardless of length of service.
Such claims must be brought within 3 months of the effective
date of dismissal.
|
The Employment Law
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk
|
|
|
|
|
|
|
|
|
|
|
The Employment Law Solicitors - handling cases nationwide:
Carlisle, Worcester, Durham, Lincoln, Hereford, Canterbury, Litchfield, Ripon,
Bangor, Wells, St. David's, Luton, Bedford, Bedfordshire, Berkshire,
Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex,
Gloucestershire, Hampshire, Herefordshire, Huntingdonshire, Kent, Leicestershire,
Lincolnshire, Middlesex, Norfolk, Northamptonshire, Northumberland, Oxfordshire,
Rutland, Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Westmoreland,
Wiltshire, Worcestershire, Reading, Newbury, Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath, Brighton, Cambridge, Oxford, Plymouth, Southampton, Stratford, York, Flintshire, Glamorgan, Cheltenham, Bradford, Wakefield, Coventry, Leicester, Sunderland, Hull, Stoke, Wolverhampton, Swansea, Salford, Ipswich, Portsmouth, Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich, Chester, Salisbury, Exeter, Gloucester, Chichester, Winchester, Cleveland, Tyne and Wear, Cumberland, Northumbria, Wrexham, Cardiff, Manchester, Liverpool, London, Birmingham, Derby, Bradford, Cheshire, Lancashire, Yorkshire, Newcastle, Birmingham, Devon, Cornwall, Sheffield, Staffordshire, Leeds, Nottingham, Bristol, Crewe.
|
Home
|
site map |
news | news archive |
email | links | legal
disclaimer | contact |
Dismissal & Discrimination Claims
|
tribunal claims procedure |
unfair
dismissal claims | constructive
dismissal claims | wrongful dismissal claims |
| sex discrimination claims |
race discrimination
claims |
disability discrimination claims | age discrimination claims
|
Common Employment Law Issues |
compromise agreements | redundancy |
TUPE transfer of undertakings |
harassment | occupational stress
|
|
health and safety | equal pay | national minimum wage
|
working
time regulations |
unlawful deductions from wages |
recovering training fees |
|
maternity and paternity rights |
suspending employees | statutory
disciplinary procedures |
new package for
employers |
employing children |
| flexible working |
restrictive covenants |
sickness absence | spent convictions |
temporary workers |
breach of contract |
| the contract of employment
| variation of contract |
whistleblowing |
employment law claims - add url
© Copyright 2007 for The
Employment Law Solicitors by
Webspace Unlimited
|
|
|
| |