Constructive dismissal after 34 years: ACAS code failure leads to £62,000 award
A former employee with 34 years' service won her constructive dismissal claim after her employer failed to follow proper grievance and disciplinary procedures. The tribunal awarded £62,416.88, including a 15% uplift for breaching the ACAS Code.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed for 34 years and was aged 60 at the date her employment ended.
- The claim for constructive dismissal succeeded.
- The respondent failed to follow the ACAS Code in both grievance and disciplinary procedures.
- The compensatory award was uplifted by 15% for the ACAS Code failure.
- The gross compensatory award was reduced to the statutory cap of £89,493.00.
Timeline
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Employment ended
The claimant's employment ended on this date.
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Claim presented
The claimant presented her claim to the tribunal (year inferred from case number).
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Hearing day 1
The hearing took place remotely at Watford Employment Tribunal.
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Hearing day 2 and judgment
The hearing concluded and judgment was given orally.
The legal issue
The tribunal had to decide whether the employer's conduct was so serious that it entitled the employee to resign and claim constructive dismissal, and what compensation was appropriate.
The outcome
The tribunal upheld the claim for constructive unfair dismissal. The employer had failed to follow the ACAS Code of Practice on disciplinary and grievance procedures, which was a key factor in the decision.
Compensation awarded:
- Basic award: £16,048.00
- Compensatory award (net): £38,138.16
- Employer pension contributions: £2,010.00
- Loss of statutory rights: £500.00
- 15% uplift for ACAS Code failure applied to compensatory award
- Total net award: £62,416.88 (gross reduced to statutory cap of £89,493.00)
Lessons & takeaways
- Employers must follow the ACAS Code of Practice on disciplinary and grievance procedures – failure to do so can lead to a 25% uplift in compensation.
- Long-serving employees (here, 34 years) are entitled to a fair process before any decision that could lead to resignation or dismissal.
- If you are considering resigning due to your employer's conduct, ensure you have evidence of a fundamental breach of contract to support a constructive dismissal claim.
- The statutory cap on compensatory awards applies, but basic awards and certain other elements are not capped.
A long career ended by a broken process
A former employee with 34 years of service successfully claimed constructive unfair dismissal after her employer, Mr N.D Brandon-King trading as Kings Lettings, failed to follow proper procedures. The tribunal found that the employer's mishandling of grievance and disciplinary matters amounted to a fundamental breach of contract, leaving the employee with no choice but to resign.
What the employer did wrong
The employer did not attend the hearing and had not followed the ACAS Code of Practice on disciplinary and grievance procedures. This was a critical failure. The ACAS Code sets out the minimum standards of fairness that employers should follow. By ignoring it, the employer not only lost the case but also faced a 15% uplift on the compensatory award – the tribunal can apply up to 25% for unreasonable failure.
Why this matters for similar claims
This case shows the importance of fair process, especially for long-serving employees. The basic award of £16,048 reflected 34 years of service. The compensatory award covered 12 months of lost earnings, pension contributions, and loss of statutory rights. The total net award of £62,416.88 was reduced from a higher gross figure by the statutory cap, which limits compensation for unfair dismissal.
For employees considering a constructive dismissal claim, the key is to show that the employer's conduct was so serious that it destroyed the trust and confidence needed for the employment relationship. Here, the failure to follow the ACAS Code was central to that finding.
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