Claimant v Barworks Ltd

The tribunal found that the Claimant was entitled to receive normal pay during the period of suspension. The respondent had unlawfully withheld wages during this suspension period, constituting an unlawful deduction from wages.

The tribunal did not have jurisdiction to hear this claim because the Claimant did not have 2 years' continuous service at the effective date of termination, as required by Section 108 of the Employment Rights Act 1996.

The tribunal found that the complaint of victimisation under Section 27 of the Equality Act 2010 was not well-founded. The respondent's actions did not constitute victimisation as defined by the Act.

The tribunal found that the respondent was entitled to dismiss the Claimant for gross misconduct. The dismissal was lawful and did not constitute a breach of contract, therefore the wrongful dismissal claim failed.