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

  • Case Reference
    UKEAT 0264_15_1705
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal
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

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This article is correct at 01/07/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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