Claimant v Decorator Express 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, indicating a procedurally unfair dismissal. The respondent did not attend or defend the claim, and the claimant succeeded in establishing unfair dismissal.
Facts
Ms A Charles was dismissed by Decorator Express Ltd on 16 December 2024. The respondent failed to attend or defend the claim at the tribunal hearing held remotely on 21 August 2025. The tribunal found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
Decision
The tribunal found the unfair dismissal claim well-founded. The claimant was awarded a total of £34,572.05 comprising a basic award, compensatory award (uplifted by 10% for ACAS Code breach), and loss of statutory rights. Recoupment provisions apply to £27,613.05 of the award.
Practical note
Where a respondent fails to attend a hearing and did not follow basic ACAS disciplinary procedures, the tribunal will find unfair dismissal and apply an ACAS uplift even in a default judgment scenario.
Award breakdown
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
- 6003453/2025
- Decision date
- 21 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No