Claimant v Spring Gardens Out of School Club Ltd
Outcome
Individual claims
The Tribunal found the complaint of unfair dismissal well-founded. The respondent failed to comply with the ACAS Code of Practice for Disciplinary and Grievance Procedures, specifically paragraphs 12 and 25 to 28, which indicated a failure to follow fair procedures. The respondent did not attend the hearing to defend the claim.
Facts
Ms Brown was employed by Spring Gardens Out of School Club Ltd and was dismissed on 23 July 2024. The respondent failed to attend the tribunal hearing. The evidence showed that the respondent did not follow proper disciplinary procedures as set out in the ACAS Code of Practice, specifically failing to comply with paragraphs 12 and 25 to 28 relating to disciplinary and grievance procedures.
Decision
The Tribunal found the dismissal unfair due to the respondent's failure to follow the ACAS Code. Ms Brown was awarded a basic award of £1630.20 and a compensatory award of £8100.48, which included a 20% uplift (£1350.08) for the respondent's unreasonable failure to comply with the ACAS Code. The total award was £9730.68.
Practical note
Employers who fail to follow the ACAS Code of Practice on disciplinary procedures risk not only a finding of unfair dismissal but also a mandatory uplift of up to 25% on the compensatory award.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with paragraphs 12 and 25 to 28 of the ACAS Code of Practice for Disciplinary and Grievance Procedures. The compensatory award was increased by 20% (£1350.08) under section 207A TULR(C)A 1992.
Legal authorities cited
Statutes
Case details
- Case number
- 2501948/2024
- Decision date
- 21 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No