Claimant v Cheshire Curtainsiders Ltd
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, indicating procedural failures in the dismissal process. However, the claimant's own blameworthy conduct contributed to the dismissal, warranting reductions to both the basic and compensatory awards.
Facts
The claimant was dismissed by Cheshire Curtainsiders Ltd, a transport company. The tribunal heard the case over two days in September 2025. The respondent failed to follow the ACAS Code on disciplinary procedures when dismissing the claimant. However, the claimant engaged in some blameworthy conduct that contributed to the dismissal.
Decision
The tribunal found the dismissal was unfair due to the respondent's failure to comply with the ACAS Code on disciplinary procedures, warranting a 25% uplift to the compensatory award. However, recognizing the claimant's contributory fault, both the basic and compensatory awards were reduced by 25%. The claimant was awarded a total of £42,405.02.
Practical note
Even where an employer's procedural failings lead to an unfair dismissal finding with an ACAS uplift, a tribunal can still apply reductions for the employee's contributory conduct, potentially offsetting the uplift and significantly reducing the overall award.
Award breakdown
Adjustments
The claimant caused or contributed to the dismissal by blameworthy conduct and it was just and equitable to reduce the compensatory award by 25%
The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 25% uplift to the compensatory award
Legal authorities cited
Statutes
Case details
- Case number
- 1307045/2024
- Decision date
- 2 October 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister