Unfair dismissal win after employer failed to respond to claim
A former employee was awarded over £15,000 for unfair dismissal after their employer failed to present a defence and ignored 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 present a valid response to the claim.
- The respondent made unauthorised deductions from the claimant's wages.
- The claimant was dismissed in breach of contract regarding notice.
- The claimant's unfair dismissal claim succeeded.
- The respondent did not attend the remedy hearing.
Timeline
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Dismissal
The claimant was dismissed from employment.
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Claim issued
The claimant issued proceedings in the London South Employment Tribunal.
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Initial judgment
Employment Judge Tsamados issued a judgment on the breach of contract and unauthorised deductions claims, awarding £780.
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Remedy hearing
Employment Judge Hill held a hearing to determine remedy for the unfair dismissal claim.
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Final judgment
The tribunal awarded the claimant £15,278.48 in compensation for unfair dismissal, including a 25% uplift for failure to follow the ACAS Code.
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Certificate of correction
A certificate of correction was issued to correct the spelling of the parties' names.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and what remedy should be awarded, including whether an uplift for the employer's failure to follow the ACAS Code of Practice was appropriate.
The outcome
The tribunal found the employee was unfairly dismissed. The employer did not attend the remedy hearing and had previously failed to respond to the claim. The award included:
- Basic award: £720
- Compensatory award (loss of earnings after deducting new earnings): £11,142.78
- 25% uplift for failure to follow ACAS Code: £3,055.70
- Total: £15,278.48
Lessons & takeaways
- If an employer fails to respond to a tribunal claim, the tribunal can proceed to judgment without them, often leading to a finding of unfair dismissal.
- A 25% uplift on compensation can be applied if the employer fails to follow the ACAS Code of Practice on disciplinary and grievance procedures.
- Employees should keep records of earnings from new jobs to reduce the compensatory award, as the tribunal deducts any income earned after dismissal.
- Employers who ignore tribunal proceedings risk higher awards, as they lose the chance to argue for a lower amount or a fair process.
This case shows what can happen when an employer simply ignores a tribunal claim. The former employee was dismissed and brought claims for unfair dismissal, unauthorised deductions from wages, and breach of contract. The employer failed to present a valid response, and later did not attend the remedy hearing. As a result, the tribunal decided the case based on the employee's evidence alone.
What the employer could have done differently
The employer could have submitted a response to the claim and attended the hearing to argue that the dismissal was fair. By failing to do so, they lost the opportunity to challenge the employee's account or present any mitigating factors. The tribunal also applied a 25% uplift to the compensatory award because the employer did not follow the ACAS Code of Practice on disciplinary and grievance procedures. This uplift added over £3,000 to the total award.
Why this matters for similar claims
For employees, this case highlights the importance of bringing claims promptly and providing clear evidence of losses, such as earnings from new employment. The tribunal deducted the employee's earnings from a new job, but the overall award still reflected the period of unemployment. For employers, it is a reminder that ignoring tribunal proceedings does not make them go away — it can lead to a default judgment and higher compensation.
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