Claimant v Hayden's Kitchen At The Gallows Limited (In Voluntary Liquidation)
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 respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when the proceedings were begun. The tribunal found no exceptional circumstances that would make an award unjust or inequitable, awarding four weeks' gross pay.
Facts
Miss L Jones was employed by Hayden's Kitchen At The Gallows Limited, a hospitality company now in voluntary liquidation. The claimant was dismissed and brought claims for unfair dismissal and failure to provide written statement of employment particulars. The respondent failed to follow the ACAS Code on disciplinary procedures.
Decision
The tribunal found the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code, warranting a 25% uplift to compensation. The respondent also failed to provide a written statement of employment particulars. The claimant was awarded a total of £11,217.37.
Practical note
Even when a respondent is represented and in liquidation, complete failure to follow ACAS disciplinary procedures will result in the maximum 25% uplift and additional penalties for failing to provide basic employment particulars.
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
- 2400875/2024
- Decision date
- 24 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No