Dismissed without notice and discriminated against: a double blow for a former employee
A former employee was unfairly dismissed, wrongfully dismissed without notice, and discriminated against on grounds of sex. The tribunal awarded £16,208.68, including an uplift for the employer's failure to follow the ACAS code.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The first claimant was unfairly dismissed and discriminated against on grounds of sex.
- The second claimant was unfairly dismissed.
- Both claimants were dismissed without notice.
- The respondent failed to follow the ACAS code of practice on disciplinary and grievance procedures.
- The claimants presented their claims for unfair dismissal within a reasonable time after the statutory time limit.
Timeline
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Dismissal effective date
The first claimant's dismissal took effect on 15 June 2022, and she had no work for 4 weeks.
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Statutory time limit for unfair dismissal claims
The statutory time limit for presenting unfair dismissal claims expired.
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Claims presented
Both claimants presented their claims for unfair dismissal to the tribunal.
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Unless Order
The tribunal issued an Unless Order requiring compliance by a certain date.
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First hearing (Employment Judge Horder)
Preliminary issues were heard: amendment of respondent's name, strike-out application, time limits, and extension for sex discrimination claim.
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Final hearing (Employment Judge Rayner)
The tribunal found both claimants unfairly dismissed, awarded compensation, and found sex discrimination against the first claimant.
The legal issue
The tribunal had to decide whether the claimants were unfairly dismissed, whether the first claimant was discriminated against on grounds of sex, and whether the claims were presented within the statutory time limits.
The outcome
The tribunal found that both claimants were unfairly dismissed. The first claimant was also discriminated against on grounds of sex. Both were dismissed without notice, amounting to wrongful dismissal.
Compensation for the first claimant:
- Basic award: £3,602.34
- Compensatory award for loss of earnings: £10,762.56
- Uplift for ACAS code breach: £1,076.26
- Notice pay: £2,157.12
- Injury to feelings: £5,000.00
- Total: £16,208.68
Lessons & takeaways
- If you are dismissed without notice, you may have a claim for wrongful dismissal in addition to unfair dismissal.
- Failure to follow the ACAS code of practice can lead to an uplift of up to 25% on compensation.
- Sex discrimination claims can be brought alongside unfair dismissal, and injury to feelings awards can be significant.
- Even if you miss the statutory time limit, a tribunal may still accept your claim if it was not reasonably practicable to present it earlier.
This case shows what can happen when an employer fails to follow basic legal procedures. The first claimant was not only unfairly dismissed but also discriminated against on grounds of sex, and both claimants were dismissed without any notice. The employer also failed to follow the ACAS code of practice on disciplinary and grievance procedures, which led to an additional 10% uplift on the compensatory award.
What the employer did wrong
The employer dismissed both claimants without notice, which is a clear breach of contract. They also failed to follow any proper disciplinary process, and the first claimant was subjected to sex discrimination. The tribunal noted that the employer did not attend the hearing or engage with the process, which likely made it harder for them to defend the claims.
Why the result matters
The case highlights the importance of following the ACAS code of practice. Employers who ignore it risk paying more in compensation. It also shows that claimants can bring multiple types of claim together – here, unfair dismissal, wrongful dismissal, and sex discrimination – and that injury to feelings awards can add significantly to the total. Even though the claims were presented a few days late, the tribunal accepted them because it was not reasonably practicable to present them earlier.
For employees, this case is a reminder that you do not need to be a legal expert to bring a claim – both claimants represented themselves. However, having a clear understanding of your rights and the deadlines involved is crucial.
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