Claimant v White Pepper Cookery Limited
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed by reason of capability. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. However, there was a 25% chance the claimant would have been fairly dismissed in any event on 5 December 2024, and the claimant contributed to her dismissal by blameworthy conduct.
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages for the periods 4 October and 7 October 2024, totalling £211.56 gross.
The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the claimant for one day's accrued but untaken holiday at the end of employment, amounting to £105.78.
Facts
The claimant was employed by White Pepper Cookery Limited and was dismissed on 5 November 2024 by reason of capability. The respondent failed to follow proper ACAS procedures. The claimant was absent sick and had periods of unauthorised deductions from wages on 4 and 7 October 2024. She was also not paid for one day's accrued but untaken holiday on termination.
Decision
The tribunal found the dismissal was unfair due to the respondent's failure to comply with ACAS procedures. However, there was a 25% Polkey reduction as the claimant would likely have been fairly dismissed by 5 December 2024, a 10% ACAS uplift was applied, and a 50% reduction for contributory fault. The claimant also succeeded in claims for unauthorised deductions and holiday pay. Total award: £2,964.48.
Practical note
Even when a dismissal is procedurally unfair, substantial Polkey reductions and contributory fault adjustments can dramatically reduce compensation, particularly in capability dismissals where the outcome was likely inevitable.
Award breakdown
Adjustments
25% chance that the claimant would have been fairly dismissed in any event on 5 December 2024
The claimant caused or contributed to her dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award by 50%
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
- 1403170/2024
- Decision date
- 26 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No