Claimant v Peepul Enterprise Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for 10 days of accrued but untaken holiday on termination of employment.
The tribunal found the dismissal was unfair. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. However, the tribunal found a 75% chance the claimant would have been fairly dismissed in any event (Polkey reduction).
Facts
The claimant was dismissed by the respondent without proper procedure. On termination, the respondent failed to pay the claimant for 10 days of accrued but untaken holiday. The respondent failed to follow the ACAS Code on disciplinary procedures when dismissing the claimant.
Decision
The tribunal found both claims succeeded. The unfair dismissal claim succeeded but with a significant 75% Polkey reduction as the tribunal found the claimant would likely have been fairly dismissed anyway. A 25% ACAS uplift was applied for the respondent's failure to follow proper procedures. The holiday pay claim succeeded in full with no reductions.
Practical note
Even where a dismissal is substantively fair, significant procedural failures can render it unfair, though substantial Polkey reductions may apply alongside ACAS uplifts where the outcome would likely have been the same.
Adjustments
75% chance that the claimant would have been fairly dismissed in any event
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
- 6019234/2024
- Decision date
- 12 November 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister