Cases3302469/2024

Claimant v Royal Mail Group Limited

Outcome

Claimant succeeds£51,337

Individual claims

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, warranting a 10% uplift. However, the claimant's own blameworthy conduct contributed to the dismissal, justifying a 25% reduction in both basic and compensatory awards.

Facts

Mr K Watts was employed by Royal Mail Group Ltd and was dismissed on 7 December 2023. The tribunal heard evidence over three days in June 2025. The dismissal arose in circumstances where the claimant had engaged in some blameworthy conduct, but the respondent failed to follow proper disciplinary procedures in accordance with the ACAS Code.

Decision

The tribunal found the dismissal was unfair due to the respondent's failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. However, the claimant's own conduct contributed to the dismissal. The tribunal applied a 10% ACAS uplift but also made a 25% reduction for contributory fault, resulting in total compensation of £51,337.15.

Practical note

Even where an employee's conduct contributes to dismissal, an employer's failure to follow the ACAS Code can result in a finding of unfair dismissal with both uplift and reduction applied to the final award.

Award breakdown

Basic award£16,178
Compensatory award£35,160

Adjustments

Contributory fault25%

The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award by 25%. The basic award was also reduced by 25% because of the claimant's conduct before the dismissal.

ACAS uplift+10%

The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award by 10%.

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.207A

Case details

Case number
3302469/2024
Decision date
20 June 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
barrister