Cases→1602471/2024

Claimant v Cardiff Council

7 March 2025Before Employment Judge E MacdonaldCardiffin person

Outcome

Partly successful£4,360

Individual claims

Unfair Dismissalfailed

The tribunal found the complaint of unfair dismissal was not well-founded. The claimant was not unfairly dismissed, meaning the respondent successfully demonstrated the dismissal was for a fair reason and followed a fair procedure.

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to provide proper notice pay. The claimant was entitled to 12 weeks' notice pay based on net weekly pay of £427.43.

Facts

The claimant was employed by Cardiff Council and was dismissed. He brought claims for unfair dismissal and breach of contract for notice pay. The tribunal heard evidence over three days. The parties agreed the claimant's net weekly pay was £427.43 and his notice entitlement was 12 weeks. The tribunal found the claimant had unreasonably failed to comply with the ACAS Code on disciplinary and grievance procedures.

Decision

The tribunal dismissed the unfair dismissal claim but upheld the breach of contract claim. The respondent was ordered to pay 12 weeks' notice pay, subject to a 15% reduction for the claimant's unreasonable failure to comply with the ACAS Code, resulting in an award of £4,359.79 net.

Practical note

Even when a dismissal is found to be substantively fair, procedural failings such as failure to provide proper notice can still result in a breach of contract award, though that award may be reduced if the claimant also failed to follow the ACAS Code.

Award breakdown

Notice pay£4,360

Adjustments

ACAS reduction-15%

The claimant unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 15% reduction in the notice pay award under s 207A Trade Union & Labour Relations (Consolidation) Act 1992

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.207A

Case details

Case number
1602471/2024
Decision date
7 March 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Name
Cardiff Council
Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
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