Claimant v Masterpalm Properties Limited
Outcome
Individual claims
The tribunal found the dismissal was unfair, likely due to the respondent's failure to comply with the ACAS Code of Practice on disciplinary procedures as evidenced by the 15% uplift applied. However, the claimant's conduct before dismissal contributed 25% to the situation.
The tribunal determined that the complaint of discrimination arising from disability was not well-founded and dismissed this claim. No further reasoning provided in the judgment summary.
Facts
Mrs Hoyle was employed by Masterpalm Properties Limited until her dismissal on 31 July 2023. She brought claims for unfair dismissal and discrimination arising from disability. The respondent failed to follow proper ACAS disciplinary procedures, though the claimant's own conduct before dismissal contributed to the situation. She secured new employment by 15 February 2024.
Decision
The tribunal found the unfair dismissal claim succeeded but the disability discrimination claim failed. The total award of £8,013.89 reflected a 15% ACAS uplift for procedural failures and a 25% reduction for the claimant's contributory conduct. Loss of earnings was calculated only until she found new employment.
Practical note
Even where an employee's conduct contributes to their dismissal, employers must still follow proper ACAS disciplinary procedures or face an uplift on compensation, though contributory fault can significantly reduce the overall award.
Award breakdown
Adjustments
The conduct of the Claimant before the dismissal was such that it would be just and equitable to reduce the awards by 25%
Respondent's failure to comply with the ACAS Code of Practice on disciplinary procedures resulted in a 15% uplift
Legal authorities cited
Case details
- Case number
- 2412866/2023
- Decision date
- 25 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No