Race discrimination and unpaid wages: ACAS code uplift boosts compensation
A former employee of Skins Laser Clinic Ltd was awarded over £21,000 after the tribunal found she was not paid for 142 hours of work and suffered race discrimination. The award was increased by 25% because the employer failed to address her grievance.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the first respondent from December 2021 to 23 January 2022.
- The respondent failed to pay the claimant for 142 hours of work at £10.50 per hour.
- The respondent did not provide an up-to-date written statement of terms and conditions.
- The claimant suffered race discrimination and injury to feelings.
- The respondent failed to address the claimant's grievance, leading to a 25% uplift under the ACAS code.
Timeline
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Employment started
The claimant began working for Skins Laser Clinic Ltd.
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Employment ended
The claimant's employment ended on this date.
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Claim issued
The claimant issued proceedings in the Watford Employment Tribunal.
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Rule 21 judgment
Employment Judge R Lewis issued a judgment under Rule 21 due to no response.
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Remedy hearing
Employment Judge Hyams held a remedy hearing in person at Watford.
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Judgment issued
Employment Judge Hyams issued the final judgment with remedy details.
The legal issue
The tribunal had to determine the amount of compensation for unpaid wages, failure to provide a written statement, race discrimination, and injury to feelings, and whether to apply an uplift for failure to follow the ACAS code.
The outcome
The tribunal found in favour of the former employee on all claims. The employer failed to respond to the claim, so a default judgment was entered.
Compensation breakdown:
- Unpaid wages: £1,491 (gross) for 142 hours at £10.50/hour
- Failure to provide written statement: £618.60 (2 weeks' pay)
- Loss of earnings (race discrimination): £9,408 (gross) from 24 Jan to 22 Aug 2022
- Injury to feelings: £6,000
- ACAS code uplift (25% on £16,899): £4,224.75
- Interest on discrimination awards: £1,334.92
- Total: £21,123.75
Lessons & takeaways
- Employers must respond to tribunal claims or risk a default judgment with potentially higher awards.
- Failure to provide a written statement of terms can result in additional compensation of up to 4 weeks' pay.
- Ignoring an employee's grievance can lead to a 25% uplift on compensation under the ACAS code.
- Race discrimination claims can include compensation for injury to feelings and loss of earnings.
This case shows the serious consequences for employers who fail to engage with the tribunal process and ignore their legal obligations. The former employee worked for Skins Laser Clinic Ltd for just under two months, but the employer did not pay her for 142 hours of work. She also suffered race discrimination, which caused injury to her feelings and loss of earnings after her employment ended.
What the employer did wrong
The employer did not respond to the claim, leading to a default judgment. At the remedy hearing, the tribunal found that the employer had failed to provide an up-to-date written statement of terms, which attracted a separate award. Crucially, the employer did not address the employee's grievance at all. This failure triggered a 25% uplift under the ACAS code on the sums for unpaid wages, loss of earnings, and injury to feelings.
Why the result matters
The total award of over £21,000 includes compensation for race discrimination, which can cover both financial losses and injury to feelings. The uplift for not following the ACAS code is a powerful reminder that employers must take grievances seriously. For employees, this case illustrates that even short periods of employment can lead to significant compensation if employers breach their duties.
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