Claimant v Epic Print Limited
Outcome
Individual claims
The Tribunal found the dismissal was unfair. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, justifying a 5% uplift on the compensatory award under s.207A TULR(C)A 1992.
Facts
Simon Clacher was employed by Epic Print Limited for approximately 20 years and 6 months. He was dismissed on 14 October 2024. The respondent failed to follow proper disciplinary procedures in accordance with the ACAS Code. Following dismissal, the claimant undertook some work earning £4,862.90 between October and December 2024, and secured new employment from 24 March 2025 at a lower salary of £27,000 per annum compared to his previous salary of approximately £40,000.
Decision
The Tribunal found the dismissal was unfair. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, warranting a 5% uplift on the compensatory award. The Tribunal awarded a total of £39,696.55 comprising basic award of £15,458.50, compensatory award of £18,990.44, pension loss, and £500 for loss of statutory rights. Mitigation from interim and new employment was deducted from the award.
Practical note
Failure to follow the ACAS disciplinary Code can result in up to 25% uplift in compensation, and tribunals will carefully calculate mitigation where claimants find interim or lower-paid new employment.
Award breakdown
Award equivalent: 51.6 weeks' gross pay
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
- 6023478/2024
- Decision date
- 7 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- in house
Employment details
- Salary band
- £40,000–£50,000
- Service
- 21 years
Claimant representation
- Represented
- No