Claimant v Mrs C Dixon
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded and determined the claimant was unfairly dismissed. However, the tribunal applied a 50% Polkey reduction, finding there was a 50% chance the claimant would have been fairly dismissed in any event. The respondent also unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
Facts
Mrs Hellawell was employed by Mrs Dixon and was subsequently dismissed. Both parties represented themselves at a two-day hearing. The tribunal heard evidence regarding the dismissal and the procedures followed.
Decision
The tribunal found the dismissal was unfair but applied a 50% Polkey reduction as there was a 50% chance of fair dismissal. The respondent failed to follow the ACAS Code, resulting in a 10% uplift. The claimant was awarded £3,618.16 comprising basic and compensatory awards.
Practical note
Even where dismissal is unfair, substantial Polkey reductions can significantly reduce compensation, and failure to follow ACAS procedures will result in automatic uplifts of 10-25%.
Award breakdown
Adjustments
50% chance that the claimant would have been fairly dismissed in any event
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
- 2501670/2024
- Decision date
- 26 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Mrs C Dixon
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No