Unfair dismissal with ACAS uplift: former employee awarded £14,965
A former employee won nearly £15,000 after being unfairly dismissed by Riley Foods Limited, with the tribunal adding a 25% uplift for the company's failure to follow the ACAS Code of Practice.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent.
- The respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance procedures.
- The respondent made an unauthorised deduction from wages by failing to pay accrued holiday pay.
- The respondent failed to provide the claimant with a written statement of employment particulars.
- The claimant's claims of race discrimination were withdrawn.
Timeline
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Hearing and judgment
The Employment Tribunal heard the case and issued a judgment in favor of the claimant.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the respondent made unauthorised deductions from wages by failing to pay accrued holiday pay and notice pay, as well as failing to provide a written statement of employment particulars.
The outcome
The tribunal ruled in favour of the claimant on all claims except race discrimination, which was withdrawn.
Key reasons:
- The respondent failed to comply with the ACAS Code of Practice, leading to a 25% uplift on the compensatory award.
- The respondent made an unauthorised deduction from wages by not paying accrued holiday pay.
- The respondent failed to provide a written statement of employment particulars, resulting in additional compensation.
Compensation breakdown:
- Basic award: £1,513.92
- Compensatory award: £8,103.14 (including loss of earnings and loss of statutory rights)
- ACAS uplift (25% on compensatory): £2,025.79
- Holiday pay: £1,729.91
- Failure to provide written particulars: £1,592.88
- Total: £14,965.64
Lessons & takeaways
- Employers must follow the ACAS Code of Practice on disciplinary and grievance procedures; failure to do so can result in a 25% uplift on compensation.
- Employees are entitled to a written statement of employment particulars; if not provided, they can claim additional compensation of up to 4 weeks' pay.
- Unauthorised deductions from wages, including unpaid holiday pay, can be challenged at an employment tribunal.
- The tribunal can award notice pay even if the employer did not give proper notice, as part of the compensatory award.
What this case shows
This case demonstrates the consequences for employers who fail to follow basic employment law requirements. The former employee, who worked for Riley Foods Limited, was unfairly dismissed and also suffered from the company's failure to provide a written statement of employment particulars, pay accrued holiday pay, and follow the ACAS Code of Practice. The tribunal awarded a total of £14,965.64, including a 25% uplift on the compensatory award for the ACAS breach.
What the employer did wrong
Riley Foods Limited did not attend the hearing or submit a response, which likely compounded their difficulties. The tribunal found that the company had not provided the claimant with a written statement of employment particulars, which is a legal requirement. Additionally, they made an unauthorised deduction from wages by not paying holiday pay. The failure to follow the ACAS Code of Practice on disciplinary and grievance procedures was a key factor in the uplift.
Why this matters
This case serves as a reminder that employment tribunals take procedural failures seriously. For employees, it highlights that even if an employer ignores proceedings, the tribunal can still award significant compensation. The 25% ACAS uplift is a powerful tool to encourage employers to follow proper procedures. The award for failure to provide written particulars also shows that basic administrative obligations can lead to additional financial penalties.
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