Claimant v Coakley Opticians Limited
Outcome
Individual claims
The tribunal found the dismissal was unfair and the respondent failed to follow a fair procedure. The respondent also failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures. However, the claimant's conduct contributed 10% to her dismissal.
The tribunal dismissed the employer's contract claim because the tribunal does not have jurisdiction to determine it.
Facts
Mrs McLean was dismissed by Coakley Opticians Limited, an opticians company. The respondent failed to follow a fair dismissal procedure and did not comply with the ACAS Code of Practice on disciplinary and grievance procedures. The claimant's conduct was found to have contributed 10% to her dismissal.
Decision
The tribunal found the dismissal was unfair. The respondent was ordered to pay £5,805.26 basic award and £4,330.97 compensatory award. Both awards were reduced by 10% for contributory conduct, and the compensatory award was uplifted by 10% for ACAS Code failure. No Polkey reduction was applied.
Practical note
Even where an employee's conduct contributes to dismissal, employers must still follow fair procedures and comply with the ACAS Code, or face an uplift in compensation despite contributory fault reductions.
Award breakdown
Adjustments
The claimant contributed by her conduct to her dismissal to the extent of 10%. The basic and compensatory award are reduced accordingly.
Respondent failed to follow the requirements of the ACAS Code of Practice on disciplinary and grievance procedures in respect of the claimant's dismissal
Legal authorities cited
Statutes
Case details
- Case number
- 3309123/2024
- Decision date
- 18 August 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No