The Employment Appeal Tribunal (“EAT”) has decided, in Lund v St Edmunds School, that the potential increase in compensation, of up to 25%, due to a breach of the ACAS Code of Practice does apply to “some other substantial reason” dismissals.
The Claimant had difficulties with his work, in particular, a frustration with the school’s computer equipment. He alienated his colleagues, affecting morale and ultimately he was dismissed, as the school stated it had lost confidence in him. The employment tribunal found his dismissal was for “some other substantial reason”, but was procedurally unfair because he had no warning of the dismissal meeting and no opportunity to appeal. His dismissal was also substantively unfair because no one had attempted to deal with his concerns about the computer system before, as the tribunal put it, “attitudes hardened on both sides”.
Chris Dobbs, Employment Solicitor says, “The tribunal made no uplift for breach of the ACAS Code of Practice, considering that it was “silent” as to whether it applied to “some other substantial reason” dismissals. The Claimant appealed.”
The EAT held the tribunal was wrong. The mere fact that the Claimant was dismissed, not for a reason relating to his conduct, but for “some other substantial reason”, did not mean that his claim did not concern a matter to which the ACAS code applied. His claim concerned conduct on his part which led his employers to consider whether he should be dismissed, even if it was not his conduct, but the effect of his conduct on others, which was the ultimate reason for dismissal. Nor was it correct to decline to apply the uplift simply because compensation had been reduced on the ground of contributory fault. The Claimant may have contributed to his dismissal but he had done nothing to contribute to the school’s failure to act in accordance with the Code of Practice. To deny him an uplift on what remained of his compensatory award would have amounted to him being penalised twice over.
For a free initial meeting please call 01202 499255 and our Employment team will be happy to discuss any questions you may have.
Comments