The second part of our round-up of employment tribunal decisions on the "Acas code of practice on disciplinary and grievance procedures" gives examples where the amount of compensation against employers was increased because of breaches of the code and one unusual decision to reduce the claimant's compensation for failure to appeal his dismissal.
Breaches of the Acas code of practice on disciplinary and grievance procedures: employment tribunal decisions - part two [subscription required]
Small employer's "serious failure" to follow Acas code attracts 15% uplift In Griffiths v Treeworks (West Wales) Ltd, the employment tribunal awarded a 15% uplift in the compensatory award after the employee was dismissed without warning.
Large employer's deficient investigation and disciplinary processes lead to 20% increase A large employer failed to follow a proper disciplinary procedure, held the employment tribunal in Davies v Richard Preston & Son Ltd.
Disproportionate disciplinary action attracts maximum 25% uplift The employment tribunal held in Burgess v Stephen Bleakley (Management) Ltd that the employer's decision to dismiss was outside the band of reasonable responses.
Breaches of Acas code by a "large and sophisticated employer" attract 25% uplift The employer unreasonably failed to comply with five provisions of the Acas code, held the employment tribunal in Bah v Pret A Manger (Europe) Ltd.
Employee's failure to appeal leads to 20% reduction In Baker v Birmingham Metropolitan College, the employment tribunal reduced the employee's compensatory award by 20% because he did not appeal against his dismissal.