Claimant v FFH Admin Limited
Outcome
Individual claims
The tribunal found by consent that the respondent failed to pay the claimant four weeks' notice pay to which he was entitled. The claim for breach of contract in relation to notice pay succeeded and the respondent was ordered to pay damages.
The tribunal found by consent that the claimant's dismissal was unfair. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, warranting a 10% uplift to the compensatory award.
The tribunal determined that the respondent did not make unauthorized deductions from the claimant's wages. The complaint was dismissed as not well-founded.
Facts
Mr Lowton was dismissed by FFH Admin Ltd on 29 May 2024. He was entitled to four weeks' notice pay which was not paid. The respondent failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures during the dismissal process. Mr Lowton brought claims for unfair dismissal, breach of contract for notice pay, and unauthorized deduction from wages.
Decision
The tribunal found by consent that the dismissal was unfair and that the respondent breached contract by failing to pay notice pay. The unfair dismissal claim succeeded with a 10% ACAS uplift applied due to the respondent's failure to follow proper procedures. The unauthorized deduction from wages claim was dismissed. Total awards amounted to £10,012.62.
Practical note
Employers who fail to follow the ACAS Code on disciplinary procedures face automatic uplifts of up to 25% on compensatory awards, and non-payment of notice pay constitutes breach of contract even where dismissal may have been justified on other grounds.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 10% uplift to the compensatory award
Legal authorities cited
Statutes
Case details
- Case number
- 6007306/2024
- Decision date
- 24 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- No