Unfair dismissal: pudding company penalised for ignoring ACAS code and failing to provide written terms
A former employee of The Bowness Pudding Company Limited was unfairly dismissed and awarded £11,934.76 after the company failed to follow the ACAS Code of Practice and did not provide a written statement of employment terms.
1 min read · Last updated 19 May 2026
Key facts
- The claimant was unfairly dismissed by the respondent.
- The respondent failed to provide a written statement of main terms of employment.
- The respondent failed to provide itemised pay statements.
- The respondent unreasonably failed to follow the ACAS Code of Practice.
Timeline
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Dismissal date
The claimant was dismissed on this date, which is the start of the prescribed period for recoupment.
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Judgment date
Employment Judge Franey issued the judgment finding unfair dismissal and ordering compensation.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed and whether the company breached contract by not providing notice pay, a written statement of main terms, or itemised pay statements.
The outcome
The tribunal ruled that the former employee was unfairly dismissed. It also found that the company breached contract by failing to pay notice pay and did not provide a written statement of main terms or itemised pay statements.
Compensation was broken down as follows:
- Basic award: £3,298.05
- Compensatory award: £2,407.23 (including £500 for loss of statutory rights, £136.35 pension loss, £1,054.10 for 2.75 weeks' loss, and £716.78 for ongoing loss)
- Notice pay (breach of contract): £2,355.75
- Uplift for failure to provide written statement: £1,884.60 (4 weeks' pay)
- ACAS Code uplift (20%): £1,989.13
- Total: £11,934.76
Lessons & takeaways
- Employers must follow the ACAS Code of Practice on disciplinary and grievance procedures; failure to do so can lead to a 20% uplift on compensation.
- Providing a written statement of main terms is a legal requirement; non-compliance can result in an additional award of 2-4 weeks' pay.
- Itemised pay statements must be provided; failure to do so can lead to a declaration and potential further claims.
- Notice pay is a contractual right; dismissing without notice or payment in lieu can lead to a breach of contract claim.
What this case shows
This case demonstrates the importance of proper employment procedures and documentation. The Bowness Pudding Company Limited dismissed a former employee without following the ACAS Code of Practice, and also failed to provide basic employment documents like a written statement of terms and itemised pay statements. The tribunal found the dismissal unfair and ordered compensation of nearly £12,000.
What the company could have done differently
The company could have avoided the uplift by following the ACAS Code, which sets out fair disciplinary and dismissal procedures. Providing a written statement of main terms and itemised pay statements from the start would have prevented additional awards. Paying notice pay correctly would have avoided the breach of contract claim.
Why this matters
This case serves as a reminder that employers must comply with both procedural and documentary requirements. The ACAS Code uplift can significantly increase compensation, and failing to provide written terms or pay statements leads to separate penalties. For employees, it shows that multiple claims can be brought together, and that compensation can include uplifts for employer non-compliance.
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