Claimant v Akita Systems Limited
Outcome
Individual claims
The tribunal found that the claimant was constructively unfairly dismissed. The employer's conduct constituted a fundamental breach of the implied term of trust and confidence, entitling the claimant to resign and treat himself as dismissed. The respondent failed to follow the ACAS Code on disciplinary and grievance procedures.
Facts
Mr Ben Wicken brought a claim of constructive unfair dismissal against Akita Systems Limited. The case was heard over four days at London South Employment Tribunal. The claimant was represented by counsel while the respondent was represented by a consultant. The tribunal found that the respondent's conduct constituted a fundamental breach entitling the claimant to resign.
Decision
The tribunal upheld the claim of constructive unfair dismissal. A 50% Polkey reduction was applied to reflect the chance the claimant would have been fairly dismissed in any event. The respondent's failure to follow the ACAS Code resulted in a 15% uplift to the compensatory award. No reduction was made for contributory fault. Total award of £30,692.35 was ordered by consent.
Practical note
Employers who breach the implied term of trust and confidence and fail to follow ACAS procedures face constructive dismissal claims with both Polkey reductions and ACAS uplift adjustments affecting the final award.
Award breakdown
Adjustments
50% Polkey reduction applied to compensatory award for past and future loss
15% uplift applied for respondent's failure to follow the ACAS Code on disciplinary and grievance procedures
Legal authorities cited
Case details
- Case number
- 2303081/2022
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister