Unfair dismissal despite reinstatement offer: ACAS uplift for GP contact without consent
An assistant site manager was unfairly dismissed by Frencon Construction Ltd. The tribunal found the dismissal procedurally flawed and applied a 20% ACAS uplift because the employer contacted his GP without consent.
1 min read · Last updated 18 May 2026
Case details
- #non-contractual-appeal
- #reinstatement-offer
- #constructive-dismissal-alternative
- #acas-code-uplift
- #polkey-reduction
- #gp-contact-without-consent
Key facts
- The Claimant was employed as an Assistant Site Manager from 30 October 2017 until his dismissal on 13 February 2020.
- The Respondent's disciplinary and appeals procedures were expressly non-contractual.
- The Respondent offered reinstatement on 5 March 2020, but the Claimant did not clearly accept it.
- The Respondent contacted the Claimant's GP without his consent and blocked his work account access.
- The Tribunal found the dismissal unfair and applied a 35% Polkey reduction and a 20% ACAS uplift.
Timeline
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Employment started
Claimant began work as Assistant Site Manager.
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Oral dismissal
Claimant was orally dismissed with one month's notice.
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Written reasons for dismissal
Respondent provided written reasons for dismissal.
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Appeal lodged
Claimant emailed to appeal dismissal and expressed desire to stay.
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GP contacted without consent
Respondent contacted Claimant's GP for medical information without permission.
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Reinstatement offer
Respondent emailed Claimant, offering reinstatement but not explicitly stating appeal success.
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Claimant's response
Claimant replied, acknowledging the email but deferring decision until fit to return.
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Claimant resigned
Claimant confirmed in writing he no longer wished to return to work.
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Preliminary hearing
Respondent's strike out and deposit order applications were refused.
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Final hearing day 1
Substantive hearing commenced.
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Final hearing day 2
Judgment given: unfair dismissal found, Polkey reduction and ACAS uplift applied.
The legal issue
The tribunal had to decide whether the dismissal was unfair and whether the employer's reinstatement offer after the appeal meant there was no dismissal. It also considered whether a Polkey reduction and ACAS Code uplift should apply.
The outcome
The tribunal found the dismissal unfair. The employer's reinstatement offer did not undo the unfair dismissal because the claimant did not clearly accept it and the employer's actions (contacting GP without consent, blocking account) had damaged trust.
Compensation will be reduced by 35% under Polkey (chance claimant would have been dismissed anyway) and increased by 20% under the ACAS Code (unreasonable failure to follow procedure).
- Basic award: to be calculated
- Compensatory award: to be calculated
- Polkey reduction: 35%
- ACAS uplift: 20%
Lessons & takeaways
- A reinstatement offer after dismissal does not automatically make the dismissal fair if the employee does not accept it or trust is broken.
- Contacting an employee's GP without consent is a serious procedural error that can lead to an ACAS Code uplift.
- Blocking an employee's access to work accounts during notice or sick leave can damage trust and contribute to a finding of unfair dismissal.
- Non-contractual appeal procedures still require a fair process; failing to follow them can result in an ACAS uplift.
What this case shows
This case highlights how an employer's actions after a dismissal can worsen an already flawed process. The assistant site manager was dismissed for conduct, but the employer then contacted his GP without permission and blocked his work account. These actions destroyed any remaining trust, and the tribunal found the dismissal unfair.
What the employer could have done differently
Frencon Construction could have avoided the unfair dismissal finding by following a proper disciplinary process from the start. Instead of contacting the GP without consent, they should have asked the employee directly for medical evidence. They also should not have blocked his account while he was on sick leave. The reinstatement offer was too late and unclear – the employee did not accept it, and the damage was done.
Why this matters
For employees, this case shows that even if an employer offers reinstatement, the dismissal may still be unfair if the process was flawed and trust is broken. For employers, it is a reminder that procedural fairness does not end with the decision to dismiss – actions taken afterwards can also be considered. The ACAS uplift here reflects the seriousness of contacting a GP without consent, which is a breach of medical confidentiality.
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