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Burns v Santander UK Plc - Inability to work due to avoidable impediment (such as remand in custody) negates right to be paid [2011] EAT

Where an employee is ready and willing to work, but is unable to do so because of some impediment which he could have avoided (such as being remanded in custody due to his own actions), he is not entitled to wages during that period. 

Mr Burns was employed by Santander UK Ltd as a branch manager from 2007. In February 2009 he was remanded in custody awaiting trial on criminal charges unconnected with his employment. In August he was released from custody and was ultimately given a non - custodial sentence. Santander did not pay him from February until his release on bail pending sentence in August, at which point it dismissed him. He made a claim for, amongst other things, the unpaid wages. An employment tribunal dismissed his claim.

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