An employee was suspended on full pay under the disciplinary code pending an investigation. The investigation showed that the employee was not guilty of the allegations made and he was returned to work with no disciplinary sanction. My question relates to the accrual of annual leave during that time of suspension. Is the employee entitled to accrue annual leave during that period of suspension with full pay? The employer says that he is not entitled to the annual leave for that period. I would have thought that, as he was in receipt of salary during that time and he had to be available to the investigators/employer, that he should have his annual leave accrued to him. I’d be grateful for any guidance on this.

Posted in : First Tuesday Q&A ROI on 3 March 2015
Zelda Cunningham
Arthur Cox
Issues covered:

The Irish courts have consistently emphasised the distinction between suspensions without pay (which are punitive in nature) and suspensions with pay implemented to enable the employer to carry out an investigation and/or pending the outcome of a disciplinary process.

A suspension without pay may be imposed as a disciplinary sanction following a disciplinary hearing and in accordance with the employer's disciplinary procedure. However, a suspension with pay is not punitive in nature and is normally imposed in accordance with the employee’s contract of employment, to facilitate an investigation and/or disciplinary process and where no adverse findings have been made against the employee.


Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

View all articles by Zelda Cunningham