Suspended from work now on sick

Sammis74

Hi I am currently suspended from work with full pay pending an investigation (INNOCENT).  I recently had an operation and cannot attend a grievance meeting.  My employer has decided to unsuspend me until my sick leave is over and tell me I with not receive my wage and have to claim SSP.  Can they do this 

yksi

How long do you expect to be unable to work? Are you well enough to go in for a meeting, even if you can't work yet?

The employer should make effort to do as much of the investigation as possible, for example if they are taking statements from others or collecting paperwork or evidence. They also should try to delay the meeting if, for example, you can attend next week. They can collect your fit note to understand whether you'd be ok in a meeting, and talk to you about things you might need (maybe you can't manage stairs, or you need a wheelchair accessible entry while you recover).

The short answer to your question is that yes, they can suspend the investigation until you return to work. So they are correct in putting you on sick leave and then SSP. If you think you'd be well enough to have the meeting soon, it's probably best that you try to set up a time now.

TBagpuss

Yes, they can. As Yksi says it sounds as though they are temporarily suspending the  disciplinary process. 

You don't 'claim' SSP however,  the employer pays it , you should get it automatically however your normal wage is paid. you will ofcourse need to ensure that you let them have your fit note and any updated.

IF you would be able to attend a disciplinary in another way - e.g. remotely via video, or if they moved the meeting closer to your home, you cold suggest / request it, but I don't think that they are obliged to change, particularly if you are likely to be recovered reasonably quickly. (they could well argue that it is not appropriate to expect you to deal with a disciplinary while you are sick)

Sammis74

Thank you for your replied.  I just didnt think it was possible to UNSUSPEND me it didnt really make sense as they didnt says the investigation was suspended 

TELLIT01

From the company point of view, a suspension is generally done to prevent the person under investigation from access work systems or speaking about the issue to other people at work.  As the OP is off sick they are presumably unable to either so suspension is not necessary.  I stress this is from the company viewpoint.

For the OP it would be beneficial to get the investigation over as soon as possible so taking active steps to find a way to have the meeting would be in their own interest.  That may be video or telephone as suggested above.

Sammis74

They haven't suspended the investigation.  They initially put me on suspension now they are saying they are LIFTING MY SUSPENSION whilst on sick pay NOT ACTUALLY SUSPENDING THE INVESTIGATION. 

Thrugelmir

Sammis74 said:

They haven't suspended the investigation.  They initially put me on suspension now they are saying they are LIFTING MY SUSPENSION whilst on sick pay NOT ACTUALLY SUSPENDING THE INVESTIGATION. 

How can the matter proceed further?  

 I recently had an operation and cannot attend a grievance meeting.

Will go on hold until your fit enough to attend the meeting. 

krusty101

Sammis74 said:

Hi I am currently suspended from work with full pay pending an investigation (INNOCENT).  I recently had an operation and cannot attend a grievance meeting.  My employer has decided to unsuspend me until my sick leave is over and tell me I with not receive my wage and have to claim SSP.  Can they do this 

Yes, you’re now off sick so your sickness has superseded your suspension. 

Sammis74

I didnt think that was allowed. thank you for all of your replies

74jax

Sammis74 said:

I didnt think that was allowed. thank you for all of your replies

Where did you read the above? Is the website out of date or has it been updated maybe? 

Acas states 
An employee suspended due to a serious allegation of misconduct must receive their full pay unless:

..... they are not willing or able to attend work (for example because they are ill)....... 

Think of it as similar to if you were on holiday and became sick.

You could come 'off holiday' and be on sick leave instead.