Claimant v City Gaming Ltd
Outcome
Individual claims
The claimant succeeded in her unfair dismissal claim. The tribunal awarded compensation including basic and compensatory awards, with a 10% ACAS uplift applied due to the respondent's unreasonable failure to comply with the ACAS code of practice on disciplinary procedures.
Facts
This is a remedy judgment following a finding of unfair dismissal. The claimant was dismissed on 22 January 2024 with a gross weekly pay of £672.29 and net weekly pay of £516.75. The claimant appears to have found new employment from 19 February 2024 onwards. The respondent failed to follow the ACAS code on disciplinary procedures.
Decision
The tribunal awarded a total of £6,598.44 comprising a basic award of £1,008.44 and compensatory award of £5,590. The compensatory award included full loss of earnings and pension until 19 February 2024, then 20% of losses until 25 July 2024 (suggesting an 80% Polkey reduction), plus £500 for loss of statutory rights and a 10% ACAS uplift for the respondent's procedural failures.
Practical note
Even where a Polkey reduction significantly reduces the compensatory award, a tribunal can still apply an ACAS uplift to the reduced amount, and recoupment provisions apply to all awards for loss of earnings regardless of reductions.
Award breakdown
Adjustments
80% reduction applied to lost earnings and pension loss between 19 February 2024 and 25 July 2024, suggesting tribunal found there was a high chance the claimant would have been fairly dismissed during this period
Respondent's unreasonable failure to comply with the ACAS code of practice on disciplinary procedures
Legal authorities cited
Case details
- Case number
- 3200459/2024
- Decision date
- 20 June 2025
- Hearing type
- remedy
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- City Gaming Ltd
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep