Claimant v Just Technologies AS
Outcome
Individual claims
Liability judgment dated 11 November 2024 found the dismissal unfair. The respondent terminated the claimant's employment on 15 August 2023 with immediate effect (on garden leave) following a single meeting, citing conduct, working style, and threat of employee exodus. The respondent failed to follow any proper disciplinary procedure, afforded no right of appeal, and unreasonably failed to comply with the ACAS Code.
The tribunal found the respondent liable for unlawful deductions from wages in the liability judgment dated 11 November 2024. This related to non-payment of accrued untaken holiday pay of 76 days at termination of employment.
The claimant succeeded in her claim for breach of regulation 14 of the Working Time Regulations 1998 and breach of contract for non-payment of holiday pay. She was entitled to payment for 76 days (15.2 weeks) of accrued untaken leave at termination, calculated at her weekly gross pay rate.
Facts
The claimant was employed as a senior employee by a technology company from August 2020 to November 2023 at a salary of £105,000. On 15 August 2023, following a single meeting, she was summarily dismissed with three months' garden leave notice, with the employer citing concerns about her conduct, working style, and threat of employee exodus. No proper disciplinary procedure was followed and no right of appeal was provided. The respondent failed to pay 76 days of accrued holiday pay. After extensive job searching (over 400 applications), the claimant secured new employment from October 2024 at a lower salary of £90,000.
Decision
The tribunal awarded the claimant £138,585.80 comprising holiday pay of £30,692.30, basic award of £2,893.50, and compensatory award of £105,000 (capped). The compensatory award included past loss of earnings (net of mitigation earnings), pension loss, loss of share options valued at £53,786, loss of training/conferences, loss of statutory rights, and job-seeking expenses. A 10% ACAS uplift was applied before the statutory cap for the respondent's unreasonable failure to follow disciplinary procedures. No future loss was awarded as the tribunal considered one year an appropriate period during which the claimant might have been fairly dismissed.
Practical note
Even where the response is struck out and liability determined by default, tribunals will carefully scrutinise mitigation evidence and remedy calculations, and ACAS uplifts can significantly increase awards before statutory caps are applied for procedural failures in dismissal.
Award breakdown
Award equivalent: 68.6 weeks' gross pay
Adjustments
Respondent failed to follow ACAS Code on disciplinary procedures. Claimant was summarily dismissed following single meeting with no proper procedure and no right of appeal. Tribunal applied 10% uplift before statutory cap was applied, reflecting unreasonable failure to comply with Code.
Legal authorities cited
Statutes
Case details
- Case number
- 2217877/2024
- Decision date
- 11 November 2024
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Salary band
- £100,000+
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister