Claimant v Paragon Staff Limited
Outcome
Individual claims
The tribunal found that the respondent summarily dismissed the claimant on 20 October 2022 without warning or procedure, in breach of sections 94-98 of the Employment Rights Act 1996. The respondent's failure to follow any fair dismissal process rendered the dismissal unfair.
The tribunal found that the claimant's holiday pay claim was not well founded and dismissed it. No further details provided in the judgment.
The tribunal found that the claimant's claim for arrears of pay was not well founded and dismissed it. No further details provided in the judgment.
Facts
The claimant Mr Brian Johnson was employed by Paragon Staff Ltd. On 20 October 2022, the respondent summarily dismissed the claimant without any warning or following any disciplinary procedure. The claimant brought claims for unfair dismissal, holiday pay, and arrears of pay. The respondent did not attend the final hearing.
Decision
The tribunal found the unfair dismissal claim succeeded because the respondent dismissed the claimant without warning or procedure. The tribunal dismissed the holiday pay and arrears of pay claims as not well founded. The tribunal awarded a basic award of £3,426 and a compensatory award increased by 20% for failure to follow the ACAS Code, totalling £21,469.22.
Practical note
Summary dismissal without any disciplinary procedure will result in a finding of unfair dismissal and attract a 20% ACAS uplift for failure to follow proper procedures.
Award breakdown
Adjustments
Respondent's unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The respondent summarily dismissed the claimant without warning or procedure.
Legal authorities cited
Statutes
Case details
- Case number
- 1400404/2023
- Decision date
- 16 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No