Cases→6008860/2024

Claimant v Piggy Leisure Limited

24 January 2025Before Employment Judge L RobertsonNewcastleremote video

Outcome

Claimant succeeds£25,820

Individual claims

Unfair Dismissalsucceeded

This is a remedy hearing following a finding of unfair dismissal at a previous liability hearing. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures and the tribunal found it just and equitable to increase the compensatory award by 25%.

Breach of Contractsucceeded

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 and awarded four weeks' gross pay as it was just and equitable to do so.

Facts

This is a remedy hearing following a liability finding in favour of the claimant for unfair dismissal. The claimant's employment ended on 1 August 2024. The respondent failed to attend the remedy hearing. The tribunal found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, and that the respondent was also in breach of its duty to provide written employment particulars.

Decision

The tribunal awarded the claimant a basic award of £4,950 and a compensatory award of £18,670.11 which included a 25% ACAS uplift. The tribunal also awarded £2,200 (four weeks' gross pay) for the respondent's failure to provide written employment particulars. The total award was £25,820.11, with recoupment provisions applying to £13,126.36 of the unfair dismissal compensation.

Practical note

Employers who fail to follow ACAS procedures and fail to provide written employment particulars face significant financial penalties, including a 25% uplift on compensatory awards and additional statutory awards of up to four weeks' pay.

Award breakdown

Basic award£4,950
Compensatory award£18,670

Adjustments

ACAS uplift+25%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

s207A Trade Union & Labour Relations (Consolidation) Act 1992s38 Employment Act 2002Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
6008860/2024
Decision date
24 January 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Name
Piggy Leisure Limited
Sector
hospitality
Represented
No

Employment details

Claimant representation

Represented
Yes
Rep type
solicitor
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