Claimant v Royal Mail Plc
Outcome
Individual claims
The respondent conceded that the complaint of unfair dismissal was well-founded. The tribunal awarded a basic award and compensatory award at the statutory cap, both uplifted by 25% for ACAS Code failure.
The respondent conceded that unlawful deductions from wages occurred for the period 9 June 2023 to 2 August 2023. The tribunal awarded £1,317.50 representing the gross sum deducted, uplifted by 25% for ACAS Code breach.
The respondent conceded the wrongful dismissal claim relating to notice pay. The tribunal awarded £629.65 representing 4 weeks' notice pay at weekly rate of £125.93, uplifted by 25% for ACAS Code failure.
The respondent conceded the holiday pay claim under regulations 14(2) and/or 16(1) of the Working Time Regulations 1998. The tribunal awarded £1,318.44 for accrued but untaken holiday, uplifted by 25% for ACAS Code breach.
Facts
Ms Ladjanszky was employed by Royal Mail PLC on a weekly wage of £125.93 with a 4-week notice period. She was dismissed on 2 August 2023. The respondent made unlawful wage deductions during the period 9 June 2023 to 2 August 2023, failed to pay notice pay, and failed to pay accrued holiday entitlement. The respondent unreasonably failed to follow the ACAS Code on disciplinary procedures.
Decision
This was a remedy hearing where the respondent conceded all claims including unfair dismissal, unlawful deduction of wages, wrongful dismissal, and holiday pay. The tribunal applied a 25% ACAS uplift to all awards due to the respondent's unreasonable failure to follow the ACAS Code. Total award of £10,569.53 comprising basic award, compensatory award (at statutory cap), unpaid wages, notice pay, and holiday pay.
Practical note
Employers who unreasonably fail to follow ACAS disciplinary procedures face automatic 25% uplifts on all monetary awards, not just the compensatory award for unfair dismissal.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. Tribunal found it just and equitable to increase all awards by 25%.
Legal authorities cited
Statutes
Case details
- Case number
- 2217652/2023
- Decision date
- 5 September 2024
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Royal Mail Plc
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No