Mrs N Gwynne T/a The Hafod Hotel

Case Summary

The claimant worked as a Front of House Coordinator at the Hafod Hotel from March 2023 to May 2025. The tribunal found the claimant was unfairly dismissed for misconduct, with a 20% contributory conduct reduction applied and a 15% uplift for the respondent's failure to comply with the ACAS Code. The tribunal upheld claims for wrongful dismissal and unlawful deduction from wages regarding unpaid holiday pay, but dismissed the claim regarding the £500 deduction.

The tribunal found the claimant was unfairly dismissed because, although the respondent had a potentially fair reason (misconduct), the respondent acted unreasonably in its investigation and disciplinary procedure, failing to comply with the ACAS Code of Practice. The claimant was found to have contributed 20% to his dismissal through his own blameworthy conduct. The tribunal upheld wrongful dismissal and holiday pay claims as the respondent failed to pay accrued but untaken leave, but dismissed the £500 deduction claim as the claimant had requested this as a loan/advance.

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• •Employment status and continuous employment
• •Unfair dismissal - reason for dismissal and fairness of procedure
• •ACAS Code of Practice compliance and uplift
• •Contributory conduct reduction
• •Wrongful dismissal and notice pay
• •Holiday pay - accrued but untaken leave
• •Unlawful deductions from wages - £500 deduction

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