Unfair dismissal win after employer ignored ACAS code: compensation uplifted
A former employee of Intu Uxbridge was awarded £14,624.11 after being unfairly dismissed, with a 10% uplift for the employer's failure to follow the ACAS Code of Practice.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed on 9 October 2020.
- The respondent failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
- The claimant had 6 years of full employment.
- The claimant's gross weekly pay was £503.19.
- The respondent did not attend the remedy hearing.
Timeline
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Dismissal
The claimant was dismissed by Intu Uxbridge.
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Liability judgment
Employment Judge Quill found the claim succeeded and remedy to be determined at a hearing.
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Remedy hearing
Employment Judge Hutchings awarded compensation of £14,624.11.
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Remedy judgment sent
The remedy judgment was sent to the parties.
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Reconsideration letter
The Tribunal wrote to parties about correcting the recoupment figure.
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Reconsideration judgment
Employment Judge Hutchings varied the remedy judgment to correct the recoupment figure.
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Reconsideration judgment sent
The reconsideration judgment was sent to the parties.
The legal issue
The tribunal had to decide the amount of compensation for unfair dismissal, including whether to apply an uplift for the employer's failure to follow the ACAS Code, and correctly calculate the recoupment of benefits.
The outcome
The tribunal awarded the former employee £14,624.11 in compensation for unfair dismissal.
Key reasons:
- The employer failed to follow the ACAS Code, leading to a 10% uplift on the compensatory award.
- The basic award was £3,019.11, calculated based on 6 years' service and gross weekly pay of £503.19.
- The compensatory award of £11,605 included £10,150 for loss of earnings and £400 for loss of statutory rights, both uplifted by 10%.
Compensation breakdown:
- Basic award: £3,019.11
- Compensatory award: £11,605 (including uplift)
- Total: £14,624.11
- Recoupment of benefits: £2,244.19 (Universal Credit and Jobseeker's Allowance), with the employer to pay the balance of £12,379.92 to the claimant.
Lessons & takeaways
- Employers who fail to follow the ACAS Code of Practice risk having their compensation awards increased by up to 25%.
- Even if an employer does not attend the remedy hearing, the tribunal will still calculate and award compensation based on the evidence.
- Claimants should be aware that any benefits received during the loss of earnings period may be recouped from the compensation award.
- A basic award is calculated using a formula based on age, length of service, and weekly pay, regardless of the employer's conduct.
When ignoring the ACAS Code costs more
This case shows the real-world consequences for employers who fail to follow the ACAS Code of Practice on disciplinary and grievance procedures. The former employee, who had six years of service, was unfairly dismissed by Intu Uxbridge in October 2020. The employer not only lost the liability hearing but also failed to attend the remedy hearing, leaving the tribunal to calculate compensation without their input.
What the employer could have done differently
Intu Uxbridge could have avoided the 10% uplift by simply following the ACAS Code – a set of basic procedural steps designed to ensure fairness. By ignoring it, they increased their financial liability. Attending the remedy hearing might also have allowed them to challenge the loss of earnings period or other elements of the claim.
Why this matters for similar claims
For employees, this case highlights that compensation can be significantly increased when an employer acts unreasonably. The 10% uplift on the compensatory award added over £1,000 to the payout. It also demonstrates that the tribunal will proceed with remedy hearings even if the employer does not show up, and will carefully calculate recoupment of benefits to avoid double recovery.
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