Claimant v Gain Healthcare Ltd
Outcome
Individual claims
This is a remedy judgment following a liability judgment dated 14 May 2025 in which the claimant succeeded. The tribunal awarded compensation for financial losses, injury to feelings, an ACAS uplift, and interest, indicating the claimant's claim was successful.
Facts
This is a remedy hearing following a liability judgment dated 14 May 2025 in favour of Ms Stoter. The tribunal assessed compensation for financial losses (loss of earnings) of £2,843.74 net and injury to feelings of £18,000.00, indicating the claim related to a violation that caused both financial loss and emotional harm. An ACAS uplift of 10% was applied due to the respondent's unreasonable failure to comply with a relevant Code of Practice.
Decision
The tribunal ordered the respondent to pay Ms Stoter a total of £26,948.38, comprising loss of earnings, injury to feelings in the middle Vento band, a 10% ACAS uplift for procedural failures, and interest. The recoupment regulations do not apply.
Practical note
Healthcare employers must comply with ACAS Codes of Practice or face a 10% uplift on tribunal awards, which can significantly increase the cost of losing claims.
Award breakdown
Vento band: middle
Adjustments
Unreasonable failure to comply with a relevant ACAS Code of Practice - uplift pursuant to s20A Trade Union and Labour Relations (Consolidation) Act 1992
Legal authorities cited
Statutes
Case details
- Case number
- 3309346/2023
- Decision date
- 15 May 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No