20-year employee dismissed for performance without proper process: unfair dismissal
A payroll administrator with 20 years' service was unfairly dismissed after a flawed capability process that lacked warnings, investigation, and an appeal. The tribunal awarded £28,333, including a 25% uplift for failing to follow the ACAS Code.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent for about 20 years as a receptionist and payroll administrator.
- The respondent dismissed the claimant for capability reasons after a series of performance concerns.
- The tribunal found the dismissal unfair due to lack of proper investigation, no warning of consequences, and no appeal process.
- The respondent failed to follow the ACAS Code of Practice, leading to a 25% uplift on the compensatory award.
- The claimant was awarded a basic award of £15,000 and a compensatory award of £13,333 (including uplift).
Timeline
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Claimant started employment
The claimant began working for the respondent as a receptionist and administrator, later adding payroll duties.
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First written warning email
Edmund Cartwright sent an email listing three performance concerns, but it did not mention it was a warning or potential consequences.
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Email listing eight concerns
Stuart Thomson sent a detailed email listing eight performance issues and said 'we need to talk'.
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Claimant suspended
After a brief meeting, the claimant was told she was not required to work.
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Dismissal meeting
The claimant was told she was dismissed for dereliction of duty, poor attention to detail, being slow, and misleading colleagues.
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Dismissal letter sent
A letter confirmed dismissal, stating the claimant's last day was 12 June 2022, with two months' additional pay.
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Effective date of termination
The claimant's employment ended.
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Tribunal hearing day 1
The employment tribunal heard evidence and submissions.
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Tribunal hearing day 2 and judgment
Oral judgment was given finding unfair dismissal and awarding compensation.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing a long-serving employee for capability reasons, and whether the failure to follow the ACAS Code justified an uplift in compensation.
The outcome
The tribunal found the dismissal unfair. The employer's process was fundamentally flawed: there was no proper investigation, no warning that dismissal was a possible outcome, and no appeal process. The employer also failed to follow the ACAS Code of Practice on disciplinary procedures, leading to a 25% uplift on the compensatory award.
Compensation:
- Basic award: £15,000
- Compensatory award (including 25% uplift): £13,333
- Total: £28,333
Lessons & takeaways
- Long-serving employees are entitled to a fair process, including proper warnings and an opportunity to improve before dismissal.
- A failure to follow the ACAS Code can result in a 25% uplift on the compensatory award.
- Employers should conduct a reasonable investigation and give the employee a chance to respond before deciding to dismiss.
- Even if performance concerns are genuine, dismissing without a warning or appeal is likely to be unfair.
This case shows how a long-serving employee can be unfairly dismissed when an employer rushes to judgment without following proper procedures. The claimant had worked for the respondent for 20 years as a receptionist and payroll administrator. After a series of performance concerns were raised via email, she was suspended and then dismissed within days, with no formal warning, no investigation meeting, and no right of appeal.
What went wrong
The employer's process was fundamentally flawed. The emails listing concerns did not mention they were warnings or that dismissal was a possibility. The claimant was not given a chance to explain or improve. The dismissal meeting was brief, and the decision was made without considering alternatives. The employer also failed to follow the ACAS Code, which sets out minimum standards for disciplinary procedures.
What the tribunal decided
The tribunal found that a reasonable employer would not have dismissed in these circumstances. The lack of investigation, absence of warnings, and failure to offer an appeal made the dismissal unfair. The compensatory award was increased by 25% because the employer did not follow the ACAS Code.
What this means for similar claims
This case highlights the importance of fair process, especially for employees with long service. Employers must give clear warnings, conduct proper investigations, and provide a right of appeal. Employees who are dismissed without these safeguards may have strong claims for unfair dismissal, and the compensation can be significantly increased if the ACAS Code is ignored.
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