Burns v Santander UK Plc 2011 AER 211

Mr Burns, who was a branch manager of Santander, was arrested and charged with a number of offences in February 2009.  He remained in custody until August 2009 when he was found guilty of assault.  He received a suspended sentence.  He was not paid by Santander while he was in custody and in September 2009 he was dismissed following a disciplinary hearing.  His appeal was unsuccessful and in December 2009 he brought an action in the tribunal for his lost wages.   

He contended that the event that prevented his attendance at work had been unavoidable since the decision to remand him in custody lay with the criminal courts not him and therefore he should have been paid wages during his period of remand.  His appeal was dismissed.  The EAT held that he had by his own voluntary actions contributed to his state of affairs.  His remand was a wholly avoidable impediment and he was not entitled to his wages.