Claimant v Aquesta Ltd
Outcome
Individual claims
The tribunal found the dismissal to be unfair. While the claimant contributed to her dismissal through blameworthy conduct (25% reduction) and unreasonably failed to comply with the ACAS Code (10% reduction), the dismissal itself was procedurally or substantively unfair.
The tribunal found the claimant was dismissed in breach of contract. The claim for notice pay succeeded, indicating the respondent failed to provide proper notice or payment in lieu of notice.
Facts
This is a liability judgment where the claimant N Morokar brought claims for unfair dismissal and notice pay against Aquesta Ltd. The claimant represented herself while the respondent was represented by a consultant. The hearing took place remotely over three days in May 2025.
Decision
The tribunal found both the unfair dismissal and breach of contract claims well founded. However, the claimant's compensation will be reduced by 25% for contributory conduct and by a further 10% for unreasonably failing to comply with the ACAS Code. The claimant was also awarded notice pay.
Practical note
Even where dismissal is unfair, tribunals will make significant reductions to compensation where the claimant's own blameworthy conduct contributed to the dismissal and where they failed to follow ACAS procedures.
Adjustments
The Claimant contributed to her dismissal by reason of her blameworthy conduct and it is just and equitable to reduce her basic award and compensatory award by 25%
The Claimant unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. It was just and equitable to reduce the compensatory award by 10%
Legal authorities cited
Statutes
Case details
- Case number
- 6004875/2024
- Decision date
- 16 May 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Aquesta Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No