Cases6009148/2024

Claimant v Authenticated By Limited

23 October 2025Before Employment Judge DavidsonLondon Centralremote video

Outcome

Partly successful£28,593

Individual claims

Detrimentfailed

The tribunal found that the complaint of being subjected to detriment for making a protected disclosure was not well-founded. The tribunal was not satisfied that the claimant had been subjected to detriments as a result of making protected disclosures.

Automatic Unfair Dismissalfailed

The tribunal found that the complaint of being dismissed for making a protected disclosure was not well-founded. The tribunal was not satisfied that the reason or principal reason for the claimant's dismissal was that he had made protected disclosures.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant the notice pay to which he was entitled under his contract of employment.

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal was well-founded. The claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, indicating a procedurally unfair dismissal.

Facts

Mr Ward brought claims against Authenticated By Limited alleging automatic unfair dismissal for whistleblowing, detriment for making protected disclosures, unfair dismissal, and breach of contract regarding notice pay. The claimant represented himself while the respondent was represented by a litigation consultant. The hearing took place remotely over three days.

Decision

The tribunal dismissed the whistleblowing claims (detriment and automatic unfair dismissal) but upheld the claims for ordinary unfair dismissal and breach of contract for notice pay. The tribunal found that the respondent had unreasonably failed to comply with the ACAS Code and applied a 25% uplift to the compensatory award. Total award was £28,593.27.

Practical note

Failing to follow ACAS disciplinary procedures can result in a substantial 25% uplift on compensatory awards, even where whistleblowing claims fail on their merits.

Award breakdown

Basic award£3,462
Compensatory award£15,707
Notice pay£5,000
Loss of statutory rights£500

Adjustments

ACAS uplift+25%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.207A

Case details

Case number
6009148/2024
Decision date
23 October 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No