Suspended in front of colleagues and denied bonus: a constructive dismissal win
A National Operations Manager who was suspended in front of 10 colleagues and denied a contractual bonus has won his claim for constructive unfair dismissal and unlawful deductions, receiving £131,535.
2 min read · Last updated 18 May 2026
Case details
- #constructive-dismissal
- #unlawful-deduction
- #bonus-entitlement
- #suspension
- #trust-and-confidence
- #accommodation-costs
Key facts
- The claimant was employed as National Operations Manager from 27 May 2020.
- He was suspended in front of 10 colleagues on 12 January 2021 after a meeting.
- His suspension lasted eight weeks without being kept under review.
- He resigned on 16 March 2021 citing breaches of trust and confidence.
- The tribunal found the respondent made unlawful deductions from wages for bonus payments from June to November 2020.
- The claimant was awarded a total of £131,535.24 in compensation.
Timeline
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Contract signed
Claimant signed employment contract including bonus clause of 25% of profits from Amazon ad hoc work.
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Bonus payment timing agreed
Managing Director Dave Meseck confirmed bonus would be paid on last day of second month due to lag.
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Meeting to change bonus
A meeting without the claimant decided to pay a total of £7,000 bonus and withdraw further bonus; claimant objected.
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Profit figures sent
Financial controller sent profit and loss figures to claimant, suggesting bonus matter not concluded.
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Suspension
Claimant suspended in front of 10 colleagues after being asked about a company he set up; given suspension letter.
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Investigation meeting and grievance
Claimant attended investigation meeting and raised grievances about suspension and unpaid bonus.
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Welfare contact
HR contacted claimant for first time since suspension.
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Second investigation meeting
Claimant attended second investigation meeting with 18 hours' notice.
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Resignation
Claimant resigned with immediate effect, citing unresolved grievances and untenable position.
The legal issue
The tribunal had to decide whether the employer's conduct – including a public suspension, a lengthy suspension without review, and the withdrawal of a bonus that was contractually promised – destroyed the trust and confidence needed for the employment relationship to continue.
The outcome
The tribunal ruled in favour of the National Operations Manager on both claims.
- Constructive unfair dismissal: The suspension in front of colleagues, the failure to keep the suspension under review, and the lack of welfare contact for six weeks were fundamental breaches of the implied term of trust and confidence. The manager did not affirm the contract by attending investigation meetings, as he was simply protecting his position.
- Unlawful deduction from wages: The bonus clause was contractual, not discretionary. The employer's decision to cap the bonus at £7,000 and then stop paying it was an unlawful deduction. The claim was in time because the deductions formed a series ending in November 2020.
Compensation:
- Basic award: £3,228
- Compensatory award: £65,000
- Unlawful deductions: £63,307.24
- Total: £131,535.24
The tribunal rejected the employer's arguments that the manager would have been dismissed anyway (Polkey) or that he contributed to his own dismissal.
Lessons & takeaways
- If you are suspended, the employer should keep the suspension under regular review and provide welfare support – a six-week gap with no contact can be a breach of trust.
- A bonus clause that says '25% of profits' is likely to be contractual, not discretionary, unless the contract clearly says otherwise.
- Attending investigation meetings after a breach does not necessarily mean you have accepted the breach – you can still resign and claim constructive dismissal.
- Being suspended in front of colleagues can be humiliating and may itself be a breach of the implied duty of trust and confidence.
When suspension becomes a breach of trust
This case shows how an employer's handling of a suspension can unravel the trust needed for an employment relationship. The National Operations Manager was suspended in front of 10 colleagues after a meeting about a company he had set up. He was given no evidence for the suspension, and for six weeks no one from the company contacted him to check on his welfare. The tribunal found this treatment – particularly the public nature of the suspension and the lack of review – went to the heart of the trust and confidence that every employment contract depends on.
The bonus that wasn't discretionary
The manager's contract said he would receive 25% of profits from Amazon ad hoc work. The company later decided to cap the bonus at £7,000 and then stop paying it altogether, arguing it was discretionary. The tribunal disagreed: the wording was clear and contractual. By unilaterally changing the bonus, the company made unlawful deductions from wages for six months. This is a reminder that employers cannot simply rebrand a contractual promise as discretionary after the fact.
What the employer could have done differently
Synenergy Logistics could have avoided this outcome by handling the suspension more carefully – keeping it under review, providing evidence, and maintaining welfare contact. On the bonus, they should have sought the manager's agreement before changing the terms. Instead, their actions gave the manager no choice but to resign. The total award of over £131,000 reflects both the lost bonus and the compensation for the unfair dismissal.
Why this matters for similar claims
For employees, this case shows that a constructive dismissal claim can succeed when an employer's conduct – especially around suspension and pay – destroys trust. The key is to resign promptly after the breach, without affirming the contract. For employers, it is a warning that suspensions must be handled with care, and that contractual bonus promises must be honoured or renegotiated properly.
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