claiming loss of earnings

[nannieali]

hi my friend has a query
he was suspended for 4 months on basic pay, consquently cleared of all allegations and proven he was wrongfully suspended.
Can he claim for loss of earnings including enhancements. If so can any one tell us how he goes about it please. He is currently working for the local council social services department.

nannie ali

[Guest]

Re: claiming loss of earnings

In Gogay v Hertfordshire County Council (2000) it was found that suspension of an employee pending an investigation into alleged wrongful act will be a breach of the implied term of trust and confidence if it is a disproportionate reaction.

Did his employers suspended before carrying out preliminary investigations to ascertain if there was a case to answer? Did his employment contract contain a specific term allowing for suspensions?

If he does make a claim, it will be for a breach of contract for wrongful suspension and in particular for breach of the implied terms of trust and confidence.

However, the court will only consider contractual entitlements and not, for example, any discretionary bonusus which the employee might have received. If the employer is not under a contractual obligation to provide the bonus, the loss of it to the employee does not follow from any breach by the employer, so please explain what you mean by enhancements.

[nannieali]

Re: claiming loss of earnings

Hi luv
his enhancements would be things like so many night shifts a month, weekend work etc. Where he would of been paid alot more than the basic rate. the first month of suspension he would of been rotared on in advance. so for example he should of been working christmas day which would of been £4oo plus he lost for that day alone. but following months he wouldnt of been rotared as they knew he wouldnt be at work any way.

[Guest]

Re: claiming loss of earnings

Is he still working for the same employer? In order to bring a breach of contract claim through the Employment Tribunal, his employment must have ended.

If he is still with the same employer, then I would suggest if he is a member of a union that he speaks with his union representative.

[nannieali]

Re: claiming loss of earnings

Hi
yes he is still with the same employer! not sure if he in union but will ask. So basically he wont be able to do anything as he still works for them??