suspension and absence

hi just looking for some advice. an employee was suspended on Monday the 4th on full pay. I was not involved in the suspension but they have now sent in a fit note dated from 4th Oct. am I right in saying that the fit note supersedes the suspension and this employee would be paid sickness pay instead of full pay? any advice would be appreciated. Eileen
  • Hi Eileen
    As I understand it, if their employment contract gives them the right to full pay whilst suspended, payment of SSP would likely give rise to a claim for unlawful deductions from wages.

    Check their contract. If it says "with pay" (or similar) rather than "with full pay", then you can just pay sick pay.

  • In reply to Lisa:

    I agree with Lisa,

    Our disciplinary procedure states that "Where an employee is absent from work due to sickness during any period of suspension, the suspension will automatically come to an end, and the employee will be treated as on sickness absence and will receive statutory sick pay."