Claimant v Serenity Nails and Beauty Limited
Outcome
Individual claims
The tribunal found that the second respondent made an unauthorised deduction of £500 from the claimant's wages for November 2023, which was unlawful under the Employment Rights Act 1996.
The tribunal found the claimant was unfairly dismissed by the second respondent. The respondent unreasonably failed to follow the ACAS Code on disciplinary procedures, but the dismissal was subject to a Polkey reduction of 60% after 20 December 2023 and contributory fault of 25%.
Facts
The claimant was employed by the second respondent and had claims against both respondents. Claims against the first respondent were withdrawn. The second respondent deducted £500 from the claimant's November 2023 wages without authorisation and dismissed the claimant unfairly. The respondent failed to follow proper ACAS disciplinary procedures, though there was evidence of contributory conduct by the claimant.
Decision
The tribunal upheld the claims for unlawful deduction of wages (£500) and unfair dismissal against the second respondent. The unfair dismissal award will be subject to multiple adjustments: a 60% Polkey reduction for losses after 20 December 2023, 25% contributory fault reduction, and a 17.5% ACAS uplift. A remedy hearing was ordered to calculate the final awards.
Practical note
Even where an employer has substantive grounds for dismissal and the employee contributed to their own dismissal, failure to follow ACAS procedures can still result in a finding of unfair dismissal with a modest uplift, though significant Polkey and contributory fault reductions may substantially limit the final award.
Adjustments
60% Polkey reduction applied to any compensatory award in respect of losses after 20 December 2023
Basic award reduced by 25% for contributory conduct under s.122(2) ERA 1996; compensatory award reduced by 25% for contributory conduct under s.123(6) ERA 1996
Compensatory award increased by 17.5% for unreasonable failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures under s.207A TULRCA 1992
Legal authorities cited
Statutes
Case details
- Case number
- 1401065/2024
- Decision date
- 17 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep