Claimant v ABC Studio Childcare Limited
Outcome
Individual claims
The tribunal found the dismissal to be procedurally unfair. The respondent failed to follow proper ACAS Code procedures, leading to a 25% uplift being applied to the compensatory award.
The tribunal found the respondent terminated the claimant's employment without proper notice, entitling the claimant to damages for wrongful dismissal in the sum of £1,633.92.
Facts
Mrs Evans was employed by ABC Studio Childcare Limited, a childcare provider. Her employment was terminated by the respondent. The claimant brought claims for unfair dismissal and wrongful dismissal. The case was heard over two days by video at the London South tribunal in March 2025.
Decision
The tribunal found both claims well-founded. The dismissal was unfair due to the respondent's failure to follow proper ACAS Code disciplinary procedures, warranting a 25% uplift. The respondent also failed to provide proper notice, resulting in an award for wrongful dismissal. Total awards amounted to £13,447.23.
Practical note
Employers in the childcare sector must strictly adhere to ACAS Code procedures when dismissing employees, as failure to do so will result in a mandatory uplift of up to 25% and may render the dismissal both unfair and wrongful.
Award breakdown
Adjustments
Respondent failed to follow ACAS Code on disciplinary procedures, resulting in 25% uplift to compensatory award
Case details
- Case number
- 6003616/2024
- Decision date
- 13 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister