Former employee awarded £178k after employer fails to provide particulars and ignores Acas Code
A Reading tribunal awarded a former employee £178,199.82 after finding he was unfairly dismissed, with the employer failing to provide a written statement of particulars and unreasonably ignoring the Acas Code.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent.
- The respondent failed to provide a written statement of employment particulars.
- The respondent unreasonably failed to comply with the Acas Code of Practice.
- The claimant's role was not redundant, so the redundancy claim failed.
- The claimant withdrew claims for compensatory award and pension contributions.
Timeline
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Hearing and judgment
The Employment Tribunal heard the case and issued a judgment in favor of the claimant.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and entitled to various payments including notice pay, unpaid wages, holiday pay, and expenses, and whether the employer's failure to provide particulars and comply with the Acas Code warranted additional awards.
The outcome
The tribunal ruled in favour of the former employee on all claims except redundancy, which failed as the role was not redundant. The employer was ordered to pay a total of £178,199.82.
- Basic award: £3,808
- Failure to provide particulars: £2,176
- Notice pay: £4,900
- Unpaid wages (2 years): £47,124
- Untaken holiday pay (2 years): £7,458.08
- Breach of contract (expenses, capped): £25,000
- Acas Code uplift (25%): £22,616.52
- Costs: £5,130
- Tax grossing up: £59,987.22
Lessons & takeaways
- Employers must provide a written statement of employment particulars within two months of starting work; failure can result in a separate award of up to four weeks' pay.
- Ignoring the Acas Code of Practice on disciplinary and grievance procedures can lead to a 25% uplift on compensation.
- Unpaid wages and holiday pay claims can be brought for up to two years before the claim is presented.
- Expenses incurred in the course of employment must be reimbursed; failure to do so is a breach of contract.
- Representing yourself is possible, but costs can be awarded if the other party fails to attend or acts unreasonably.
A case of multiple failures
This case highlights what can happen when an employer fails to meet basic legal obligations. The former employee, who represented himself, brought claims for unfair dismissal, unpaid wages, holiday pay, notice pay, and expenses. The employer, Hayre Builders Company Limited, did not attend the hearing or send a representative.
The tribunal found that the employer had not provided a written statement of employment particulars, a legal requirement under section 1 of the Employment Rights Act 1996. This alone resulted in an award of £2,176.
The impact of ignoring the Acas Code
More significantly, the tribunal decided that the employer had unreasonably failed to comply with the Acas Code of Practice on disciplinary and grievance procedures. This led to a 25% uplift on the compensatory elements of the award, adding over £22,000 to the total. The Acas Code sets out basic standards of fairness, and tribunals can increase awards if employers ignore it.
A substantial total award
The total compensation came to £178,199.82, including a basic award of £3,808, £47,124 for unpaid wages over two years, £7,458 for untaken holiday, and £25,000 for unpaid expenses (capped). The tribunal also awarded costs of £5,130 because the employer failed to attend. A large part of the award – nearly £60,000 – was a 'grossing up' to cover the tax the claimant would owe on the award.
What this means for similar claims
This case shows that tribunals take failures to provide particulars and follow the Acas Code very seriously. Employees who have not received a written statement or who have been dismissed without proper procedure may have strong claims. It also demonstrates that even without a lawyer, a well-prepared claimant can succeed, especially if the employer does not engage with the process.
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