Claimant v Newlands Garage Ltd
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal well-founded. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, justifying a 25% uplift to the compensatory award. The claimant was unfairly dismissed.
The tribunal awarded 4 weeks' pay for the respondent's failure to provide a written statement of terms and conditions of employment, as required by statute. This breach entitled the claimant to compensation.
Facts
Mr Ian White was dismissed by Newlands Garage Ltd on 3 February 2023. The respondent failed to follow the ACAS Code of Practice on disciplinary procedures. The respondent also failed to provide the claimant with a written statement of his terms and conditions of employment during the employment relationship.
Decision
The tribunal found the dismissal unfair and applied a 25% ACAS Code uplift to the compensatory award due to the respondent's unreasonable failure to follow proper disciplinary procedures. The claimant was awarded a basic award of £1,800, compensatory award of £5,715, and an additional 4 weeks' pay (£1,600) for failure to provide written terms, totalling £9,115.
Practical note
Employers who fail to follow the ACAS Code on disciplinary procedures face not only a finding of unfair dismissal but also an automatic uplift of up to 25% on the compensatory award.
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
- 1401586/2023
- Decision date
- 11 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
- Rep type
- self
Employment details
Claimant representation
- Represented
- No