Kent County Council v Knowles UKEAT/0547/11/MAA

Mr Knowles was arrested at work on suspicion of misappropriating large sums of money but he was not remanded in custody. At the time of his suspension and eventual dismissal criminal proceedings were ongoing. Kent CC did not pay him although there was no contractual right to suspend him without pay. Although he was guilty of very serious misconduct, the criminal charges still had to be proved. As Mr Knowles was ready and willing to work he was successful in his claim for 19 weeks’ arrears of salary for the period between his suspension and subsequent dismissal.

Key point: If an employee is suspended it is very likely that he or she will be entitled to salary during that suspension period unless he or she is remanded in custody.