Suspended without pay and dismissed without a hearing: a night receptionist's unfair dismissal win

A case of process failure

This case illustrates what happens when an employer abandons even the most basic disciplinary procedures. The night receptionist, who had worked for the company for six years, was suspended without pay by his manager on the allegation that he intended to give evidence against the company in another tribunal claim. He was never invited to a disciplinary hearing, given any chance to respond, or provided with any written outcome. Seven months later, he was simply told he was dismissed, with no notice or pay in lieu.

The employer, Care Property Management Ltd, did not attend the tribunal hearing and had no legal representation. The tribunal therefore accepted the claimant's account of events, which was consistent and unchallenged. The judge noted that the suspension without pay was itself a breach of contract, and the dismissal without any process was manifestly unfair.

What the employer could have done differently

A fair process would have involved investigating the allegation, inviting the claimant to a disciplinary meeting, allowing him to be accompanied, and giving him a right of appeal. Even if the employer believed the allegation was serious, a suspension should have been on full pay unless the contract allowed otherwise. By failing to do any of this, the employer not only lost the case but also triggered an automatic 25% uplift on the compensatory award for breaching the ACAS Code.

Why this matters

For employees, this case is a reminder that even if you are dismissed without any process, the law provides a remedy. The compensation here covered the claimant's lost earnings, including a period when the hotel was closed due to Covid, and reflected the fact that he had been left without any income for months. For employers, it is a stark warning that ignoring employment procedures can be very costly, especially when the tribunal has to decide the case without your input.