Store manager dismissed for freezer issue: suspension without pay was unlawful
A store manager with four months' service was summarily dismissed for gross misconduct after a freezer temperature issue. The tribunal found the dismissal unfair and ordered the employer to pay over £1,500 for unpaid suspension and holiday pay.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a store manager from 18 February 2020 until 6 July 2020.
- The claimant was summarily dismissed for gross misconduct after failing to report a freezer temperature issue earlier.
- The tribunal found the claimant did not commit a fundamental breach of contract.
- The claimant was suspended without pay from 24 June 2020 to 6 July 2020.
- The respondent failed to pay the claimant for 6.94 days of accrued holiday.
Timeline
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Employment started
Claimant began employment as store manager.
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Freezer temperature issue
Claimant noticed freezer temperature was -12.1C at 23:17 and reported it to area manager.
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Suspension
Claimant was suspended pending disciplinary investigation.
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Disciplinary hearing and dismissal
Claimant was found guilty of gross misconduct and summarily dismissed.
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Claimant challenged dismissal
Claimant wrote to respondent disagreeing with decision and raising pay issues.
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Claim presented
Claimant brought claims of unfair dismissal, breach of contract, and unlawful deduction from wages.
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Full merits hearing
Tribunal heard evidence and gave oral judgment.
The legal issue
The tribunal had to decide whether the store manager was unfairly dismissed for gross misconduct, whether the employer breached contract by dismissing without notice, and whether unlawful deductions were made from wages.
The outcome
The tribunal struck out the unfair dismissal claim because the claimant had less than two years' service, but upheld claims for breach of contract and unlawful deduction from wages.
Key findings:
- The claimant was suspended without pay for 12 days, which was a breach of contract.
- The employer failed to pay for 6.94 days of accrued but untaken holiday.
- Total compensation awarded: £1,540.27, comprising:
- £328.83 for breach of contract (notice pay)
- £684.00 for unpaid suspension (gross, subject to tax/NI)
- £527.44 for unpaid holiday pay (gross, subject to tax/NI)
Lessons & takeaways
- Suspending an employee without pay is a serious step that must be contractually allowed, otherwise it is a breach of contract.
- Employees with less than two years' service cannot claim unfair dismissal, but can still bring claims for breach of contract and unlawful deduction from wages.
- Employers must pay all accrued holiday pay on termination, even if the employee is dismissed for alleged misconduct.
- A summary dismissal for gross misconduct requires clear evidence of a fundamental breach of contract; a single error may not justify it.
What this case shows in practice
A store manager who had been in post for just four months was dismissed after failing to report a freezer temperature issue earlier. The employer, H2C Gelati Ltd t/a Amorino, treated this as gross misconduct and summarily dismissed the manager without notice. But the tribunal found that the manager's actions did not amount to a fundamental breach of contract, making the dismissal unfair in substance.
Because the manager had less than two years' service, the unfair dismissal claim was struck out. However, the tribunal upheld claims for breach of contract and unlawful deduction from wages. The employer had suspended the manager without pay for 12 days, which was not permitted under the contract. It also failed to pay for 6.94 days of accrued holiday.
What the losing side could have done differently
The employer could have avoided liability by following a proper disciplinary process and considering whether the manager's conduct truly justified summary dismissal. Suspending without pay was a clear contractual breach. Paying all accrued holiday on termination would have avoided the unlawful deduction claim.
Why the result matters for similar claims
This case highlights that even short-serving employees have protection against breach of contract and unlawful deductions. Employers should ensure that suspension is paid unless the contract expressly allows otherwise, and that holiday pay is calculated and paid correctly on termination. The outcome also shows that a tribunal will scrutinise whether alleged misconduct truly amounts to a fundamental breach justifying summary dismissal.
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