Part-time worker unfairly dismissed after grievance mishandled: ACAS uplift applied
A Chief Product Officer who moved to part-time work was unfairly dismissed after being replaced and subjected to detriment. The tribunal awarded £41,735.70, including an ACAS uplift for failing to follow grievance procedures.
1 min read · Last updated 18 May 2026
Case details
- #part-time-worker
- #acas-code-uplift
- #share-options
- #injury-to-feelings
- #grossing-up
Key facts
- The claimant was employed as Chief Product Officer from 1 October 2019 to 31 May 2022.
- The claimant worked part-time from 1 January 2022.
- The respondent did not contest liability for unfair dismissal and detriment.
- The claimant's grievance was not properly handled, leading to an ACAS uplift.
- The claimant was awarded £41,735.70 after grossing up for tax.
- The claim for loss of share options was dismissed due to an exemption clause.
Timeline
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Employment started
Claimant began employment as Chief Product Officer.
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Part-time work started
Claimant moved to part-time work.
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Informed of replacement
Claimant was told a replacement had been hired for his role.
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Absence due to stress
Claimant began absence due to stress and anxiety.
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First grievance submitted
Claimant submitted a formal grievance about being asked to return full-time and being replaced.
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Second grievance submitted
Claimant sent a second formal grievance letter.
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Request to return to work
Claimant suggested returning to work but respondent asked him to remain away.
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Employment terminated
Claimant's employment was terminated with pay in lieu of notice.
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Grievance outcome
Claimant received grievance outcome, partially upheld, no right of appeal.
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New job started
Claimant started a new job.
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Tribunal hearing
Liability and remedy hearing at Bristol Employment Tribunal.
The legal issue
The tribunal had to determine the appropriate remedy for unfair dismissal and detriment under the Part-time Workers Regulations, including compensation for loss of earnings, injury to feelings, and whether share options should be included.
The outcome
The tribunal awarded the claimant a total of £41,735.70 after grossing up for tax.
- Basic award: £1,713.00
- Compensatory award for loss of earnings: £22,955.84 net
- Loss of pension contributions: £2,354.15 gross
- Injury to feelings: £7,000 plus interest of £507.84
- ACAS uplift of 10%: £3,453.08
- The claim for loss of share options was dismissed due to an exemption clause in the share scheme.
Lessons & takeaways
- If you work part-time and are treated less favourably than full-time colleagues, you may have a claim under the Part-time Workers Regulations.
- Employers must follow the ACAS Code of Practice when handling grievances; failure to do so can lead to a 25% uplift in compensation.
- Share option claims in tribunal may be excluded if the scheme has a clause preventing claims for loss of share options.
- Claimants representing themselves can still succeed, but legal advice may help maximise compensation, especially on complex issues like grossing up.
A part-time worker's dismissal after raising a grievance
This case shows what can happen when an employer fails to properly handle a part-time worker's concerns. The claimant, a Chief Product Officer with three years' service, moved to part-time work in January 2022. Shortly after, he was told a replacement had been hired for his role. He raised a formal grievance, but the employer did not handle it properly, and he was dismissed in May 2022.
The respondent did not contest liability, so the tribunal focused on remedy. The claimant was awarded compensation for loss of earnings, injury to feelings, and pension contributions. The tribunal also applied a 10% uplift because the employer failed to follow the ACAS Code of Practice on grievance procedures. This uplift is a reminder that employers must take grievances seriously and follow proper procedures.
Why the share options claim failed
The claimant also sought compensation for loss of share options, but the tribunal dismissed this part of the claim. The share scheme contained an exemption clause that prevented claims for loss of share options in tribunal proceedings. This highlights the importance of understanding the terms of any share scheme before pursuing a claim.
What this means for similar claims
For employees considering a claim, this case shows that part-time workers are protected from less favourable treatment. It also demonstrates that even if liability is not contested, the remedy stage can be complex, especially when it comes to grossing up for tax and dealing with recoupment of benefits. Claimants should seek legal advice to ensure they claim all possible heads of loss, including injury to feelings and pension contributions. Employers, meanwhile, should ensure they have fair processes for handling grievances and that they treat part-time workers no less favourably than full-time colleagues.
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