Unfair dismissal for conduct: ACAS code uplift and Polkey reduction applied
A former employee was unfairly dismissed for gross misconduct. The tribunal applied a 20% ACAS code uplift but also reduced compensation by 20% for contributory conduct and 20% for the chance she would have been dismissed anyway.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was an employee of the respondent.
- The claimant was dismissed.
- The respondent failed to comply with the ACAS Code of Practice.
- The claimant's conduct contributed to the dismissal.
- The tribunal found the dismissal unfair.
Timeline
-
First hearing
Employment Judge Nash determined that the claimant was an employee, giving the tribunal jurisdiction.
-
Final hearing
Employment Judge Reed found the claimant unfairly dismissed and awarded compensation.
The legal issue
The tribunal had to decide whether the claimant was an employee (giving it jurisdiction) and whether her dismissal for gross misconduct was unfair and wrongful.
The outcome
The tribunal found the claimant was an employee and was unfairly dismissed. The employer failed to comply with the ACAS Code of Practice, leading to a 20% uplift on the compensatory award. However, the award was reduced by 20% for contributory conduct and by 20% under the Polkey principle (the chance she would have been dismissed anyway).
- Basic award: £3,101.54 (after 20% contributory reduction)
- Compensatory award: £3,829.36 (after 20% Polkey reduction, 20% contributory reduction, and 20% ACAS uplift)
- Total compensation: £6,930.90
Lessons & takeaways
- If you are dismissed for conduct, check whether your employer followed the ACAS Code of Practice – failure to do so can increase your compensation.
- Your own conduct before dismissal can reduce your award, so be honest about any contributory behaviour.
- Even if the dismissal is unfair, the tribunal may reduce compensation if it thinks you would have been dismissed anyway (Polkey reduction).
- Representing yourself is possible, but having legal advice can help navigate complex issues like Polkey and contributory fault.
What this case shows
This case illustrates how tribunals balance employer failings with employee conduct. The former employee was dismissed for gross misconduct, but the employer's procedure was flawed. The tribunal found the dismissal unfair, partly because the employer did not follow the ACAS Code of Practice on disciplinary procedures.
What the employer could have done differently
The University College of Osteopathy could have avoided the unfair dismissal finding by following a fair process – for example, giving the employee a proper opportunity to respond to allegations and considering alternatives to dismissal. The ACAS code uplift penalised the employer for not doing so.
Why the result matters
The compensation was significantly reduced because the employee's own conduct contributed to the dismissal (20% reduction) and because there was a 20% chance she would have been dismissed anyway even with a fair process (Polkey reduction). This shows that even when an employee wins, they may not receive full compensation if they bear some responsibility. The total award of £6,930.90 reflects these adjustments.
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