Phoenix House Ltd v Stockman & Anor [2016] UKEAT 0264_15_1705

Posted In: Case Law
  • Case Reference
    UKEAT 0264_15_1705
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
Issues covered: Unfair Dismissal: SOSR; Application of Code of Practice

The claimant employee in this case was dismissed by the employer for a breakdown in the relationship following an unsuccessful grievance and a warning having been given to the claimant. The original tribunal found the dismissal procedurally unfair and also awarded an uplift of 25% for the employer's failure to follow the provisions of the Acas Code of Practice on Disciplinary and Grievance Procedures when dismissing the employee.

On appeal, the EAT has confirmed the unfairness of the dismissal but has ruled that the Acas Code does not apply to SOSR dismissals and, therefore, no uplift in award can be made:

"The Code does not in terms apply to dismissals for some other substantial

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This article is correct at 01/07/2016

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