EAT UNFAIR DISMISSAL
The Appellant authority suspended the Claimant after receiving information from the police that he had been involved in dishonesty which had serious financial and reputational consequences for them. There was no contractual right to suspend without pay. The Claimant was not in custody but was available for work. The Employment Tribunal upheld his claim for arrears of salary which the Appellant did not pay during the period between his suspension and his subsequent dismissal. There had not yet been any trial; the Appellant did not seek to prove that the Claimant had committed the misconduct for which he had been suspended and then dismissed.
On appeal, held that:
(1) It was not reasonably arguable that the Claimant’s salary was not properly payable within s13(3) of the Employment Rights Act 1996, in the absence of any contractual right to suspend without pay or
(2) That the Claimant by conduct, which was alleged but not proved, had put himself in a position in which he was unable to work or
(3) That the Claimant had given no consideration for his salary; he was ready and able to work as required Burns v Santander [2011] IRLR 639 distinguished.
Judges:
Burke QC
Citations:
[2012] UKEAT 0547 – 11 – 0903
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459916