Claimant v D and G Café Ltd
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded and that the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. However, the claimant was found to have caused or contributed to the dismissal by blameworthy conduct to a limited extent.
Facts
Mrs Hance was employed by D and G Café Ltd until her dismissal on 15 October 2014. The claimant brought a claim for unfair dismissal. The respondent failed to follow the ACAS Code on disciplinary procedures. The claimant was found to have contributed to her dismissal through some blameworthy conduct.
Decision
The tribunal found the unfair dismissal claim well-founded. The respondent's failure to comply with ACAS procedures led to a 10% uplift in the compensatory award. However, the claimant's contributory conduct justified a 10% reduction to both basic and compensatory awards. The tribunal awarded a total of £7,505.82.
Practical note
Even where a claimant has engaged in some blameworthy conduct, an employer's procedural failures under the ACAS Code can still result in an unfair dismissal finding with an uplift, though both adjustments may be applied to reflect respective culpability.
Award breakdown
Adjustments
The claimant caused or contributed to the dismissal by blameworthy conduct and it was just and equitable to reduce both the compensatory award and basic award by 10%
The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
Legal authorities cited
Statutes
Case details
- Case number
- 6001277/2025
- Decision date
- 2 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- D and G Café Ltd
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No