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2307066/2023Claimant Successful

Wincanton Group Ltd

16 November 2025England & WalesLumby
GOV.UK

Case Summary

The claimant was unfairly dismissed and wrongfully dismissed, with a 50% chance of fair dismissal. The compensatory award is increased by 10% due to the respondent's failure to comply with ACAS Code of Practice but reduced by 10% for the claimant's blameworthy conduct.

Key Issues

  • Unfair Dismissal
  • Wrongful Dismissal

Claim Types

Unfair DismissalWrongful Disdismissal

Decision Text

1 EMPLOYMENT TRIBUNALS Claimant:Mr Beresford Walker Respondent:Wincanton Group Limited Heard at:Croydon (by CVP) On:27 to31 October2025 Before:Employment Judge Lumby Dr S Chacko Mr R Singh REPRESENTATION: Claimant:Mr R Jones (counsel) Respondent: Mr A Carter (counsel) JUDGMENT The judgment of the Tribunal is as follows: Unfair Dismissal 1.The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. 2.There is a50%chance that the claimant would have been fairly dismissed in any event. 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 by10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. 4.The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by10%. 2 Wrongful Dismissal 5. The complaint of wrongful dismissal is well-founded. The claimant was wrongfully dismissed and is entitled to receive a payment in respect of notice. Automatically unfair dismissal 6.The complaints of automatically unfair dismissal for making a protected disclosure or because of race is not well-founded and are dismissed. Direct discrimination 7.The complaint of direct race discrimination is not well-founded and is dismissed. Harassment 8.The complaint of harassment related to race is not well-founded and is dismissed. Victimisation 9.The complaint of victimisation is not well-founded and is dismissed. Remedy 10. A separate hearing will be organised to consider remedy for unfair and wrongful dismissal, if not previously agreed. Approved by: Employment Judge Lumby 16 November 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 ...

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Employer

Respondent

Wincanton Group Ltd

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Case Details

Case Number
2307066/2023
Decision Date
16/11/2025
Published
02/01/2026
Jurisdiction
England & Wales
Judge
Lumby