Unfair dismissal for lack of fair procedure: ACAS uplift awarded
A former employee was unfairly dismissed after the employer failed to follow a fair procedure. The tribunal awarded a 20% uplift for breaching the ACAS Code and confirmed one month's notice pay.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #breach-of-contract
- #acas-code-uplift
- #default-judgment-revoked
Key facts
- The claimant was employed by the respondent and was dismissed.
- The respondent failed to follow a fair procedure in dismissing the claimant.
- The respondent did not follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
- The claimant did not contribute to her dismissal by her conduct.
- The claimant is entitled to one month's notice pay for breach of contract.
Timeline
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Claim issued
The claimant issued her claim in the Bristol Employment Tribunal.
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Default judgment entered
Employment Judge Cadney entered a default judgment because the respondent failed to present a valid response on time.
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Preliminary hearing
A preliminary hearing was held to consider the respondent's application to revoke the default judgment and extend time for response.
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Preliminary hearing judgment
Employment Judge Cadney revoked the default judgment, extended time for the response, and set directions.
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Substantive hearing (day 1)
The main hearing commenced via CVP before Employment Judge Murdoch.
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Substantive hearing (day 2) and judgment
The hearing concluded and Employment Judge Murdoch gave judgment finding unfair dismissal and breach of contract, with remedy to be decided later.
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Remedy hearing scheduled
A remedy hearing was listed to determine the quantum of compensation.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the respondent breached the contract by failing to pay one month's notice pay.
The outcome
The tribunal found that the claimant was unfairly dismissed. The respondent had failed to follow a fair procedure, and the claimant did not contribute to her dismissal. The tribunal also upheld the breach of contract claim for one month's notice pay. Compensation will be determined at a later remedy hearing, with a 20% uplift applied to the compensatory award for the respondent's failure to follow the ACAS Code.
Lessons & takeaways
- Employers must follow a fair procedure before dismissing an employee, including giving the employee a chance to respond to allegations.
- Failure to follow the ACAS Code of Practice can lead to an uplift of up to 25% on the compensatory award.
- Employees who are dismissed without a fair procedure may have a strong claim for unfair dismissal, even if the employer had a potentially fair reason.
- Keep records of all disciplinary steps taken to demonstrate a fair process was followed.
What this case shows
This case highlights the importance of following a fair procedure when dismissing an employee. The former employee was dismissed by Hydegate Pet Resort Ltd without the employer adhering to basic disciplinary steps. The tribunal found that the employer did not follow a fair procedure, and that the employee was not at fault for the dismissal.
What the employer could have done differently
The employer could have avoided this outcome by following the ACAS Code of Practice on Disciplinary and Grievance Procedures. This includes investigating the matter, informing the employee of the allegations, holding a meeting, allowing the employee to be accompanied, and giving the right of appeal. By failing to do so, the employer not only lost the case but also faced a 20% uplift on the compensatory award.
Why this matters
This case serves as a reminder that even if an employer believes they have a good reason to dismiss, they must still follow a fair process. Tribunals will scrutinise the procedure, and any failure can result in a finding of unfair dismissal. Employees who believe they were dismissed without a fair hearing should consider bringing a claim, especially if the employer ignored the ACAS Code.
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