Unfair dismissal win: ACAS Code breach and contributory conduct
A former employee was unfairly dismissed by UK Windows & Doors Group Limited. The tribunal increased compensation for the company's failure to follow the ACAS Code but reduced it due to the employee's own blameworthy conduct.
1 min read · Last updated 19 May 2026
Key facts
- The claimant was employed by the respondent and was dismissed.
- The respondent failed to comply with the ACAS Code of Practice.
- The claimant contributed to the dismissal by blameworthy conduct.
- The basic award was reduced by 10% for contributory conduct.
- The compensatory award was increased by 10% for ACAS breach and reduced by 10% for contributory conduct.
Timeline
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Hearing day 1
The tribunal heard evidence and submissions.
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Hearing day 2
The tribunal concluded the hearing and gave oral judgment.
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Judgment issued
Written judgment was issued with reasons.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and whether the employer's failure to follow the ACAS Code and the employee's own conduct should affect the compensation.
The outcome
The tribunal ruled that the former employee was unfairly dismissed by UK Windows & Doors Group Limited.
The key reasons were that the employer unreasonably failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures, and the employee contributed to the dismissal through blameworthy conduct.
Compensation breakdown:
- Basic award: £10,416.60 (after 10% reduction for contributory conduct)
- Compensatory award: £14,100.48 (after 10% uplift for ACAS breach and 10% reduction for contributory conduct)
- Total: £24,517.08
Lessons & takeaways
- Employers who fail to follow the ACAS Code of Practice risk having their compensation awards increased by up to 25%.
- Employees whose own misconduct contributes to their dismissal can expect their compensation to be reduced, typically by a percentage reflecting their blameworthiness.
- It is important for employees to keep records of any procedural failures by their employer, as these can strengthen an unfair dismissal claim.
- The ACAS Code applies to disciplinary and grievance situations; ignoring it can be costly for employers.
This case shows how the ACAS Code of Practice can significantly affect compensation in unfair dismissal claims. The former employee was dismissed by UK Windows & Doors Group Limited, and the tribunal found the dismissal unfair. However, the employee's own conduct also played a role in the dismissal, leading to a reduction in the basic and compensatory awards.
What the employer did wrong
The employer failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures. This is a common pitfall for employers who do not follow proper process. The tribunal applied a 10% uplift to the compensatory award as a result. Employers should ensure they follow the ACAS Code to avoid such penalties.
The employee's contribution
The tribunal found that the employee contributed to the dismissal through blameworthy conduct. This meant a 10% reduction in both the basic and compensatory awards. Employees should be aware that their own actions can reduce the compensation they receive, even if the dismissal is unfair.
Why this matters
This case highlights the balancing act tribunals perform: they penalise employers for procedural failures but also hold employees accountable for their own conduct. For anyone considering an unfair dismissal claim, it is crucial to understand that compensation is not automatic and can be adjusted both up and down.
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