In person For the v Care Property Management Ltd — 2020

The Tribunal found that the Claimant was employed under a contract dating from 20 December 2013, with continuity of employment after a TUPE transfer to the Respondent. The contract provided for 40 normal working hours per week and allowed suspension on full pay and benefits, but did not provide for suspension without pay.

The Tribunal accepted the Claimant's evidence that he was suspended from 5 July 2019 and had not been offered work or paid since then, while not having been dismissed. It found that the Respondent made a series of unlawful deductions by failing to pay him for 40 hours' work per week from 5 July 2019 to the hearing date.

The Tribunal also found that the Respondent acted in breach of the ACAS Code of Practice by not keeping the suspension short or under review, imposing an effective disciplinary sanction after an investigatory meeting only, not inviting the Claimant to a disciplinary meeting with the right to be accompanied, not giving a written outcome, and not affording a right of appeal. It considered the breaches very serious and clearly unreasonable, and applied a 25% uplift to the unpaid wages award.