Carer dismissed without any disciplinary process: £16,000 awarded

A carer's dismissal without any process

This case shows what can happen when an employer dismisses a long-serving employee without following any disciplinary procedure. The carer, who had worked for Alliance Point Limited for over 10 years, was dismissed without notice in July 2021. The employer did not carry out any investigation, hold a disciplinary hearing, or offer a right of appeal. When the carer brought a claim for unfair dismissal, the employer failed to submit a response, leading to a default judgment on liability.

What the employer could have done differently

Even if the employer believed there was a valid reason for dismissal, they should have followed a fair process. This includes informing the employee of the allegations, holding a meeting to discuss them, allowing the employee to be accompanied, and providing a right of appeal. By doing none of these, the employer left themselves open to a finding of unfair dismissal. Furthermore, by ignoring the tribunal proceedings, they lost the chance to argue their case on remedy.

Why this result matters

The tribunal awarded a total of £16,064.63, which included a 25% uplift on the compensatory award because the employer failed to follow the ACAS Code of Practice. This uplift is designed to encourage employers to take their disciplinary obligations seriously. The case also highlights that employees with long service are entitled to a higher basic award, reflecting their length of service and age. For anyone considering a similar claim, this case demonstrates that tribunals will not tolerate employers who dismiss without any process and then fail to engage with the legal system.