Mr S Sweeney v Synenergy Logistics Limited — 2022

The tribunal held that Mr Sweeney's constructive unfair dismissal claim succeeded. It found that the Respondent breached the implied term of trust and confidence through the cumulative effect of the suspension process and later handling of his concerns. In particular, the tribunal found that he was suspended in front of 10 colleagues on 12 January 2021, that the suspension was a "knee-jerk reaction" to information obtained by Mr Meseck, that no alternatives were properly considered, and that he was not given sufficient information about why the suspension continued for eight weeks.

The tribunal also found that the suspension was not kept under review, that the claimant was not contacted for welfare support until 24 February 2021, that his grievance and appeal were heard by people who had been present at the suspension meeting, and that he was given only 18 hours' notice of the second investigation meeting on 9 March 2021. It held that these matters, taken cumulatively, breached the Malik trust and confidence term, that the claimant resigned in response on 16 March 2021, and that he had not affirmed the contract. The Respondent's Polkey and contributory conduct arguments were rejected.

On the wages claim, the tribunal held that the bonus clause in the contract was contractual rather than discretionary. It rejected the Respondent's argument that the wording allowed unilateral withdrawal without consultation, found that the claimant had objected orally and had not acquiesced in the 3 August 2020 change, and concluded that unlawful deductions were made from his wages in respect of bonus payments for June to November 2020. It also rejected the time-limit argument on the basis that there was a series of deductions and the claim was presented in time. The judgment records that the precise figures were to be determined at a remedy hearing, so no monetary award was quantified in this decision.