Claimant v Tasker Accounting Services Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well founded and that the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, justifying a 25% uplift to the compensatory award.
The tribunal found the complaint well-founded, determining that the respondent made an unauthorised deduction from the claimant's wages by failing to pay for holidays accrued but not taken on the date employment ended.
The tribunal found the complaint well-founded, determining that the respondent made an unauthorised deduction from the claimant's wages in April 2024, awarding the gross sum deducted of £524.73.
The complaint of breach of contract in relation to notice pay was found well-founded, although no separate award of compensation was made, likely because the losses were already compensated through the unfair dismissal compensatory award.
The claimant's claim for a redundancy payment was not well founded and was dismissed by the tribunal.
Facts
Ms Taylor was employed by Tasker Accounting Services Limited. Her employment ended and she brought claims for unfair dismissal, unpaid holiday pay, unauthorised wage deductions from April 2024, notice pay, and redundancy payment. The respondent, a small accounting firm, was represented by its owner Ms C Tasker, while the claimant represented herself at a video hearing.
Decision
The tribunal found the claimant was unfairly dismissed and awarded her a basic award of £5,144 and compensatory award of £1,760.60. The respondent failed to follow ACAS procedures, resulting in a 25% uplift. The claimant also succeeded in claims for unpaid holiday pay (£327.96) and unauthorised wage deductions (£524.73), but her redundancy payment claim was dismissed.
Practical note
Small employers must comply with ACAS disciplinary procedures or face a 25% uplift on compensatory awards, and failure to pay final wages including holiday pay will result in additional liability beyond unfair dismissal compensation.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 25% uplift to the compensatory award
Legal authorities cited
Statutes
Case details
- Case number
- 6003989/2024
- Decision date
- 7 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No