Claimant v TLC Carers Limited
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded. The respondent failed to pay the claimant proper notice pay on termination.
The complaint of unfair dismissal was well-founded. The respondent did not attend the hearing and the tribunal determined the claimant was unfairly dismissed. The tribunal found no chance the claimant would have been fairly dismissed in any event and applied a 25% ACAS uplift for the respondent's unreasonable failure to follow proper procedures.
Facts
Zoe Peveller was employed by TLC Carers Limited, a healthcare company, until her dismissal on 5 September 2024. The respondent did not attend the tribunal hearing. The claimant brought claims for breach of contract relating to notice pay and unfair dismissal. The respondent failed to follow proper dismissal procedures.
Decision
The tribunal found both claims well-founded. The claimant was awarded £5,000 in notice pay (grossed up for tax), a basic award of £1,442.31, and a compensatory award of £7,904.11. The compensatory award included a 25% ACAS uplift due to the respondent's unreasonable failure to follow the ACAS Code. The tribunal found no chance of fair dismissal in any event.
Practical note
Employers who fail to attend tribunal hearings and have not followed ACAS disciplinary procedures face default judgments with maximum ACAS uplifts and no Polkey reductions.
Award breakdown
Adjustments
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
- 6017849/2024
- Decision date
- 3 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No