Despite the brevity of its reasoning, on a fair reading of the judgment, the employment tribunal concluded that the procedure adopted by the respondent before dismissing the claimant was a total sham. The employment tribunal did not err in awarding an Acas uplift of 25%.
It will often be helpful when considering Acas uplift for an employment tribunal to ask the following questions:
1. Is the claim one which raises a matter to which the Acas Code applies
2. Has there been a failure to comply with the Acas Code in relation to that matter
3. Was the failure to comply with the Acas Code unreasonable
4. Is it just and equitable to award an uplift because of the failure to comply with the Acas Code and, if so, by what percentage, up to 25%
Judges:
His Honour Judge James Tayler
Citations:
[2022] EAT 81
Links:
Jurisdiction:
England and Wales
Employment
Updated: 21 June 2022; Ref: scu.678303