Claimant v Hepworth Blinds Ltd
Outcome
Individual claims
The tribunal found unanimously that the complaint of unfair dismissal was well-founded and the Claimant was unfairly dismissed. The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, warranting a 5% uplift.
The tribunal determined that the Claimant is not entitled to a redundancy payment, meaning the circumstances of the dismissal did not meet the statutory criteria for redundancy.
The complaint of indirect sex discrimination was not well-founded and was dismissed by the tribunal. The Claimant failed to establish that the relevant provision, criterion or practice put her at a particular disadvantage or was not a proportionate means of achieving a legitimate aim.
The complaint in respect of holiday pay was well-founded in respect of 4 days annual leave accrued on the date that the Claimant's employment ended. The Respondent failed to pay the Claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.
The complaint of unauthorised deductions from wages was well-founded. The Respondent made an unauthorised deduction from the Claimant's wages in relation to the totality of the deduction in relation to the 'Butt' order.
Facts
Ms Baker was employed by Hepworth Blinds Ltd, a blinds manufacturing company. Her employment was terminated in circumstances she claimed constituted unfair dismissal. The Respondent made deductions from her wages in relation to a 'Butt' order and failed to pay her for 4 days of accrued annual leave at termination. Ms Baker brought claims for unfair dismissal, redundancy pay, indirect sex discrimination, holiday pay and unlawful deduction of wages.
Decision
The tribunal found unanimously that Ms Baker was unfairly dismissed and the Respondent failed to follow the ACAS disciplinary code, attracting a 5% uplift. The claims for holiday pay (4 days) and unlawful deduction of wages regarding the 'Butt' order succeeded. However, claims for redundancy pay and indirect sex discrimination failed.
Practical note
Employers must follow ACAS disciplinary procedures when dismissing employees and ensure all accrued holiday pay is paid on termination to avoid successful unfair dismissal and Working Time Regulations claims.
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
- 1600192/2025
- Decision date
- 26 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister