Claimant v Black Wolf Brewery Ltd
Outcome
Individual claims
The tribunal found the dismissal procedurally unfair with wholesale breaches of the ACAS Code. There was no investigation, no proper disciplinary meeting, no letter providing evidence, no offer of accompaniment, and no action on appeal. The true reason was redundancy as the respondent ceased trading and dismissed all warehouse staff.
The claimant was summarily dismissed without proper notice. The tribunal found this constituted a breach of contract, though the damages were subsumed within the compensatory award for unfair dismissal.
The respondent failed to pay accrued holiday pay on termination. The claimant had accrued 3.76 days plus 1.6 weeks carried forward from the previous year under Regulation 13A, constituting an unauthorised deduction under section 13 ERA 1996.
The respondent breached section 1 ERA 1996 by failing to provide written particulars of employment despite the claimant's requests. An award was made under section 38 of the Employment Act 2002 of four weeks' pay.
Facts
The claimant worked as Warehouse Production Manager for the respondent brewery from January 2020 to May 2023 earning £695 gross per week. He was suspended alongside five other warehouse staff on 11 May 2023, dismissed summarily on 19 May 2023 purportedly for misconduct, with no proper procedure followed. The respondent ceased trading at the warehouse after dismissing all staff. The claimant was never provided with written particulars of employment despite requesting them, received no payslips, and was not paid accrued holiday pay on termination.
Decision
The tribunal found the dismissal unfair due to wholesale breaches of the ACAS Code, with the true reason being redundancy as the respondent closed the warehouse. The tribunal awarded compensation including basic and compensatory awards (both uplifted by 25% for ACAS breaches), holiday pay, and four weeks' pay for failure to provide written particulars. Total award: £13,444.50.
Practical note
Employers who dismiss staff without any semblance of fair procedure risk substantial ACAS uplifts; dismissing workers for purported misconduct to avoid redundancy obligations will be found unfair with redundancy as the true reason.
Award breakdown
Award equivalent: 19.3 weeks' gross pay
Adjustments
Respondent breached ACAS Code in a wholesale manner: no investigation, no letter calling to meeting with evidence, no proper disciplinary meeting, no offer of accompaniment, no action on appeal. Basic and compensatory awards increased by 25%.
Legal authorities cited
Statutes
Case details
- Case number
- 4104273/2023
- Decision date
- 9 April 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Role
- Warehouse Production Manager
- Salary band
- £30,000–£40,000
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor