Maintenance manager unfairly dismissed: ACAS uplift and Polkey reduction applied
A maintenance manager with 6 years' service was unfairly dismissed after a flawed disciplinary process. The tribunal awarded £8,455, applying a 20% ACAS uplift, a 25% Polkey reduction, and a 20% contributory fault reduction.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from 9 August 2015 to 1 October 2021 as a maintenance manager.
- The respondent failed to follow a fair disciplinary procedure, including having the complainant act as investigator and dismissing officer.
- The claimant was not provided with sufficient information about the allegations or evidence before the disciplinary hearing.
- The claimant was dismissed without notice and was entitled to 6 weeks' contractual notice pay.
- The claimant had a signed accommodation agreement for free caravan use, which the respondent disputed but the tribunal found binding.
- The claimant mitigated his loss by obtaining new employment within 9 days of dismissal.
Timeline
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Employment commenced
Claimant started working for the respondent as a maintenance manager.
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TUPE transfer
Claimant transferred to the respondent from Park Dean Resorts UK, retaining a 35-day holiday entitlement.
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Accommodation agreement signed
Claimant signed an agreement for free caravan accommodation at Ashcroft Park.
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Dismissal
Claimant was dismissed without notice for alleged misconduct.
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New employment started
Claimant commenced employment with Park Holidays as a maintenance manager.
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Liability hearing (day 1)
Employment Tribunal heard evidence on liability.
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Liability hearing (day 2) and remedy hearing (day 1)
Tribunal heard further evidence and remedy submissions.
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Judgment given
Tribunal announced liability and remedy decisions orally.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and wrongfully dismissed, and if so, what remedy should be awarded, including adjustments for contributory fault, Polkey reduction, and ACAS Code uplift.
The outcome
The tribunal found that the claimant was unfairly dismissed because the respondent failed to follow a fair disciplinary procedure. The same person acted as investigator and dismissing officer, and the claimant was not given enough information about the allegations before the hearing.
The tribunal also found that the claimant was wrongfully dismissed because he was dismissed without notice, and he was entitled to 6 weeks' contractual notice pay.
Compensation breakdown:
- Basic award: £4,165.78 (after 20% contributory reduction)
- Compensatory award: £703.49 (after 25% Polkey reduction and 20% contributory reduction)
- Wrongful dismissal notice pay: £2,978.28 (including 20% ACAS uplift)
- Holiday pay: £607.51 (including 20% ACAS uplift)
- Total: £8,455.06
Lessons & takeaways
- Employers must ensure that the person investigating allegations is not the same person who decides the outcome of a disciplinary hearing.
- Employees should be given sufficient information about the allegations and evidence before a disciplinary hearing to allow them to respond properly.
- A failure to follow the ACAS Code of Practice can result in an uplift of up to 25% on compensation.
- Even if a fair procedure would likely have led to dismissal, a tribunal may reduce compensation by a percentage (Polkey reduction) rather than denying the claim entirely.
A flawed disciplinary process leads to unfair dismissal
A maintenance manager with six years' service was dismissed without notice after a disciplinary process that the tribunal found to be fundamentally unfair. The same manager who investigated the allegations also chaired the disciplinary hearing and made the decision to dismiss. The claimant was not given copies of the evidence or a clear explanation of the allegations before the hearing.
The tribunal highlighted that this dual role created a real risk of bias and prevented the claimant from having a fair opportunity to respond. The respondent's failure to follow basic procedural fairness meant the dismissal was automatically unfair.
What the employer could have done differently
The respondent could have avoided this outcome by appointing a different person to conduct the investigation and another to hear the disciplinary case. They should also have provided the claimant with the relevant documents in advance. Following the ACAS Code of Practice would have prevented the 20% uplift applied to the wrongful dismissal and holiday pay awards.
Why this case matters for similar claims
This case shows that even where an employee's conduct contributed to their dismissal, a flawed procedure can still result in a finding of unfair dismissal. The tribunal applied a 25% Polkey reduction to reflect the chance that a fair process would still have led to dismissal, and a 20% reduction for contributory fault. The ACAS uplift was applied because the respondent failed to follow the code. The total award of £8,455.06 reflects these adjustments.
For employees, this case demonstrates the importance of challenging procedural unfairness, even if the employer has grounds for dismissal. For employers, it is a reminder that cutting corners on process can be costly.
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