Claimant v Honest Gill's Catering Company Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, warranting a 25% uplift to the compensatory award.
The tribunal concluded that the complaint of direct disability discrimination was not well-founded and dismissed this claim.
Facts
Ms Ireland was employed by Honest Gill's Catering Company Limited until her dismissal on 2 December 2023. She brought claims of unfair dismissal and direct disability discrimination. The respondent failed to provide written employment particulars and failed to follow the ACAS Code of Practice on disciplinary procedures.
Decision
The tribunal upheld the unfair dismissal claim, finding the respondent had unreasonably failed to comply with the ACAS Code, warranting a 25% uplift to compensation. The disability discrimination claim was dismissed. Awards included basic and compensatory awards plus an additional two weeks' pay for failure to provide written particulars.
Practical note
Failure to follow the ACAS Code on disciplinary procedures can result in significant uplifts to compensation, and employers must provide written employment particulars to avoid additional penalties.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
Legal authorities cited
Statutes
Case details
- Case number
- 6000051/2024
- Decision date
- 11 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No