Claimant v Bars Holdings Limited
Outcome
Individual claims
The claimant was suspended on full pay from September 2024 but was not paid for November 2024 onwards except for a partial cash payment of £500. The tribunal found that wages were properly payable during the suspension period and the failure to pay constituted an unlawful deduction from wages under Section 13 of the Employment Rights Act 1996.
Withdrawn by claimant as premature because the claim can only be brought once employment has terminated. Claimant reserved the right to bring this claim in future.
Withdrawn by claimant as premature because the claim can only be brought once employment has terminated. Claimant reserved the right to bring this claim in future.
Facts
The claimant was a part-time maintenance man at a Glasgow hotel employed since 2017. In September 2024 he was suspended on full pay after being filmed as a bystander at a demonstration. He was paid for September and October 2024 but received no pay for November onwards, except £500 cash in December. The respondent never clarified the reason for suspension or its duration, and took no further action despite the claimant's attempts to contact them.
Decision
The tribunal found that the respondent unlawfully deducted wages from the claimant's pay during his suspension. The claimant was entitled to be paid during his suspension and the failure to pay from November 2024 to May 2025 constituted unlawful deductions. The tribunal ordered the respondent to pay £6,164 in unpaid wages calculated at National Minimum Wage rates.
Practical note
Employers must pay employees who are suspended on full pay, and failure to do so constitutes an unlawful deduction from wages even where no disciplinary process has been concluded or communicated.
Award breakdown
Award equivalent: 26.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8000207/2025
- Decision date
- 23 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- maintenance man
- Salary band
- Under £15,000
- Service
- 8 years
Claimant representation
- Represented
- No