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Procedural breaches of Acas Code are relevant to uplift for a dismissal that is wrongful but not unfair (Brown v Veolia ES (UK) Ltd)

Published on: 13 July 2021
Published by: LexisPSL
  • Procedural breaches of Acas Code are relevant to uplift for a dismissal that is wrongful but not unfair (Brown v Veolia ES (UK) Ltd)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: Where a claimant succeeds in a wrongful dismissal claim but, in the unfair dismissal claim brought in the same proceedings, the tribunal finds that the dismissal was not unfair, any breaches of the Acas Code on Disciplinary and Grievance Procedures, consisting of procedural failings by the employer in its investigatory and disciplinary process, remain relevant to any uplift (for an unreasonable failure to comply with the Code) to the wrongful dismissal award that is made. The breaches of the Code exist independently of whether or not the tribunal finds the dismissal was procedurally unfair, and so can still properly be taken into account when considering the uplift application. In addition, there is a distinct penal (and thus non-compensatory) element in uplift awards so that failing to make such an award because it would be a ‘windfall’ is an error, according to the EAT. or take a trial to read the full analysis.

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