Must an employee on suspension while a disciplinary investigation is carried out remain available for work, or can he or she take a holiday during this period?
During a period of suspension, the employee, while not required to attend work, should remain available to assist in the disciplinary investigation, attend investigation or disciplinary meetings, or deal with any work-related questions. Further, if the suspension is lifted earlier than anticipated, the employee would be expected to return to work. If the employee wishes to go on holiday, he or she should request annual leave and the employer should handle the request in accordance with its normal procedures.
Where the suspended employee has already booked a period of annual leave, the employer can cancel it only if it gives adequate notice in accordance with reg.15 of the Working Time Regulations 1998 (SI 1998/1833) (ie notice equivalent to the amount of leave requested) or complies with any alternative arrangement agreed with its employees.