Decision date
15 April 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge A. Beale KC
Case Summary
Mrs A Estany's claim of unfair dismissal against KBI Interiors Limited succeeded. The tribunal found the respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, resulting in a 15% uplift to the award. The respondent was also found to have failed to provide a statement of employment particulars.
Why this outcome?
The unfair dismissal claim succeeded because the respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, resulting in a 15% uplift to the award. The claim under section 38 Employment Act 2002 for failure to provide a statement of employment particulars also succeeded.
Claim Types
Related guide
Unfair dismissal cases won in the UK
Compare this judgment with other successful unfair dismissal cases and controlled win reasons.
Key Issues
- •Unfair dismissal
- •Failure to provide statement of employment particulars under section 38 Employment Act 2002
- •Breach of ACAS Code of Practice on Disciplinary and Grievance Procedures
Decision Text
THE EMPLOYMENT TRIBUNAL Claimant: Mrs A Estany Respondent: KBI Interiors Limited Heard at: London South Employment Tribunal (by CVP) On: 15 April 2026 Before: Employment Judge A. Beale KC Representation Claimant: In Person Respondent: Mr D. Mold (Counsel) JUDGMENT The judgment of the Tribunal is that: 1. The claim of unfair dismissal is well-founded and succeeds. 2. In respect of the claim for unfair dismissal, the Respondent shall pay to the Claimant the gross sums of: (a) a basic award of £900; (b) an award in respect of loss of statutory rights of £600 (c) a compensatory award of £4,287 in respect of the period from 19 November 2024 – 31 March 2025 from which any tax payable will fall to be deducted. 3. An uplift of 15% is applicable to the award for unfair dismissal, on the basis that the Respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The amount of the uplift is £868.05. 4. The claim under section 38 Employment Act 2002 for failure to provide a statement of employment particulars succeeds. The Respondent shall pay the Claimant the gross sum of £1,200 in respect of this claim, which represents four weeks’ pay. 5. The total amount payable to the Claimant under this judgment is therefore the gross sum of £7,255.05, from which any tax payable will fall to be deducted. 6. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the award made under section 123 Employment Rights Act 1996. The total monetary award made to the Claimant is £7,255.05 (gross). The prescribed element is £4,287 (gross). The dates of the period to which the prescribed element is attributable are 19 November 2024 to 31 March 2025. The monetary award exceeds the prescribed element by £2,968.05. …
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Case Details
- Claimant
- Mrs A Estany
- Case No.
- 6004185/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 15 April 2026
- Published
- 15 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A. Beale KC
- Representation
- Litigant in person