Cases→6012048/2025

Claimant v Chelmsford Hair Ltd

12 September 2025Before Employment Judge A.M.S. GreenLondon Eastremote video

Outcome

Claimant succeeds£3,556

Individual claims

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, suggesting procedural failures in the dismissal process. The claimant's contributory conduct and failure to appeal reduced but did not eliminate the unfair dismissal finding.

Facts

Rachel Carter was employed by Chelmsford Hair Ltd, a hair salon. She was dismissed following a disciplinary process. The respondent failed to provide her with written employment particulars and failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. The claimant did not appeal the dismissal decision and her own conduct contributed to some degree to the dismissal.

Decision

The tribunal found the dismissal unfair due to procedural failures by the respondent in not following the ACAS Code. The compensatory award was uplifted by 25% for the employer's ACAS breach, but reduced by 10% for the claimant's failure to appeal and by 25% for contributory conduct. An additional award of two weeks' pay was made for failure to provide written particulars.

Practical note

Even where an employee's conduct contributes to dismissal, significant procedural failures including breach of the ACAS Code and failure to provide written particulars will result in liability, though awards will be reduced to reflect the employee's contribution and their own procedural failings.

Award breakdown

Basic award£638
Compensatory award£2,663

Adjustments

Contributory fault25%

The claimant caused or contributed to the dismissal by blameworthy conduct

ACAS uplift+25%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. Claimant unreasonably failed to comply with the ACAS Code by not appealing the decision to dismiss her.

ACAS reduction-10%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. Claimant unreasonably failed to comply with the ACAS Code by not appealing the decision to dismiss her.

Legal authorities cited

Statutes

s 207A Trade Union & Labour Relations (Consolidation) Act 1992Employment Protection (Recoupment of Benefits) Regulations 1996section 38 Employment Act 2002

Case details

Case number
6012048/2025
Decision date
12 September 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
Chelmsford Hair Ltd
Sector
other
Represented
Yes
Rep type
in house

Employment details

Claimant representation

Represented
No
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