Claimant v Native Land Limited
Outcome
Individual claims
The response was struck out at the liability hearing on 22 May 2025 due to the respondent's contumelious conduct and failure to comply with tribunal orders. The tribunal found the respondent took an arrogant approach and wilfully disobeyed orders, making a fair trial impossible. The claim succeeded by default following the strike-out.
The respondent conceded it deducted £18,333 (comprising £10,257 holiday and £8,076 bonus) from the claimant's final salary and agreed it must repay these amounts. The tribunal awarded these sums as part of the remedy.
The respondent agreed to pay the claimant's holiday pay in the sum of £9,231.60 for accrued but untaken holiday. This was incorporated into the remedy award.
Facts
The claimant was employed by the respondent for 14 years on an annual salary of £300,000. His employment terminated on 24 September 2024. The respondent deducted £18,333 from his final salary. At a liability hearing on 22 May 2025, the response was struck out due to the respondent's contumelious conduct, wilful disobedience of tribunal orders, and failure to comply with the overriding objective. The respondent failed to attend the remedy hearing despite proper notification via the tribunal portal, making a last-minute postponement application which was refused.
Decision
The tribunal awarded a total of £273,108.75 comprising basic award (£19,150.94), compensatory award capped at £115,115 with a 25% ACAS uplift (total compensatory £143,893.75), and costs of £14,100. The claimant successfully mitigated his losses within seven weeks. The tribunal found the respondent totally failed to comply with the ACAS Code with no reasonable excuse, justifying the maximum 25% uplift.
Practical note
Contumelious conduct and persistent failure to comply with tribunal orders will lead to response strike-out, costs awards, and maximum ACAS uplift, even for well-resourced companies with access to specialist employment solicitors.
Award breakdown
Award equivalent: 47.3 weeks' gross pay
Adjustments
There was a total failure by the respondent to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The respondent is a large and well-resourced firm with access to specialist legal advice and there was no reasonable excuse for non-compliance. Maximum 25% uplift applied.
Legal authorities cited
Statutes
Case details
- Case number
- 6022779/2024
- Decision date
- 22 May 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Salary band
- £100,000+
- Service
- 14 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister