2404698/2024Claimant won

Gala Contract Upholstery Ltd

v Mr R Oliver

31 March 2026·Employment Tribunal·England & Wales·Employment Judge M Butler

Respondent

Gala Contract Upholstery Ltd

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Decision date

31 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge M Butler

Case Summary

The claimant, a disabled person with a perforated bowel/bowel impairment, succeeded in claims for discrimination arising from disability, unfair dismissal, and breach of contract regarding notice pay. The tribunal found the respondent failed to comply with the ACAS Code of Practice and awarded total compensation of £60,132.92 including compensation for past financial losses, injury to feelings, basic award for unfair dismissal, notice pay damages, and an award for failure to provide written employment particulars.

Why this outcome?

The tribunal found the claimant was a disabled person within the meaning of the Equality Act 2010 and succeeded in establishing unfavourable treatment arising from disability, unfair dismissal, and breach of contract. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, justifying a 25% uplift to the compensatory award.

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Key Issues

  • Unfavourable treatment because of something arising in consequence of disability
  • Unfair dismissal
  • Breach of contract in relation to notice pay
  • Failure to provide written statement of employment particulars
  • Failure to comply with ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Decision Text

Full PDF

Case No: 2404698/2024 EMPLOYMENT TRIBUNALS Claimant: Mr R Oliver Respondent: Gala Contract Upholstery Ltd Heard at: Manchester Employment Tribunal On: 31 March 2026 Before: Employment Judge M Butler Representation Claimant: Mrs J Darlington (lay representative; claimant’s daughter) Respondent: Non-attendance JUDGMENT (LIABILITY AND REMEDY) LIABILITY 1. At the relevant times the claimant was a disabled person as defined by section 6 Equality Act 2010 because of a perforated bowel/bowel impairment. 2. The complaint of unfavourable treatment because of something arising in consequence of disability is well-founded and succeeds. 3. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and it is just and equitable to increase the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. 4. The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. 5. The complaint of breach of contract in relation to notice pay is well-founded. 6. When the proceedings began the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. REMEDY Case No: 2404698/2024 (i) Discrimination arising from disability 7. The respondent shall pay the claimant the following sums: a. Compensation for past financial losses: £20,752.46; b. Loss of statutory rights: £400; c. 25% increase for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015: £5,288.12; d. Total compensation (a+b+c above): £26,440.58; e. Inte

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