Claimant v Emmaus South Wales
Outcome
Individual claims
The tribunal found the claimant's dismissal was unfair. The respondent failed to follow the ACAS Code on disciplinary procedures, resulting in a 25% uplift to the compensatory award. The basic and compensatory awards were calculated and awarded accordingly.
The tribunal found the claimant was wrongfully dismissed, but no separate award was made as compensation for unpaid notice pay was factored into the compensatory award for unfair dismissal.
Facts
Mr Jefferies was employed by Emmaus South Wales, a charity. He was dismissed and brought claims for unfair dismissal and wrongful dismissal. The case was heard over two days in Cardiff with both parties represented by non-legally qualified representatives - the claimant by a trade union representative and the respondent by its CEO.
Decision
The tribunal found both claims well-founded. The respondent failed to follow the ACAS Code on disciplinary procedures, warranting a 25% uplift on the compensatory award. The claimant was awarded a total of £7,321.10 comprising a basic award of £2,316.60 and a compensatory award (including notice pay and ACAS uplift) of £5,004.50.
Practical note
Failure to follow ACAS Code on disciplinary procedures can result in a 25% uplift to compensatory awards in unfair dismissal cases.
Award breakdown
Adjustments
Respondent failed to follow ACAS Code on disciplinary procedures, resulting in 25% uplift to compensatory award
Case details
- Case number
- 1604125/2024
- Decision date
- 4 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- union