Claimant v Abp Wellcare Northolt Ltd
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, which suggests significant procedural failings in the dismissal process. A 20% ACAS uplift was applied to reflect this unreasonable failure.
Facts
Mrs Colley was employed by Abp Wellcare Northolt Ltd until her dismissal on 17 May 2024. She brought a claim for unfair dismissal. The respondent failed to follow proper disciplinary procedures in accordance with the ACAS Code. The claimant had received a payment in lieu of notice (PILON) of £4,118.40 which was deducted from her compensatory award.
Decision
The tribunal found the dismissal was procedurally unfair due to the respondent's unreasonable failure to comply with the ACAS Code on Disciplinary and Grievance Procedures. The claimant was awarded a basic award of £9,094.80 and a compensatory award capped at the statutory maximum of £17,846.40 after applying a 20% ACAS uplift. Total award: £26,941.20.
Practical note
Failure to follow ACAS disciplinary procedures can result in substantial uplifts to compensation (up to 25%), and even with such uplifts, compensatory awards remain subject to the statutory cap on annual gross earnings.
Award breakdown
Award equivalent: 78.5 weeks' gross pay
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
- 6008416/2024
- Decision date
- 2 June 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Salary band
- £15,000–£20,000
Claimant representation
- Represented
- No