Case 4105250/2022 · Employment Tribunal
Mr S Kouhestani v IAA Group Ltd — 2023
- Case reference
- 4105250/2022
- Decision date
- 17 February 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge J Shepherd
Parties
2 namedClaimant
Mr S Kouhestani
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr S Kouhestani was automatically unfairly dismissed for asserting a statutory right under s.104 Employment Rights Act 1996. It also found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures in relation to the dismissal, and that it was just and equitable to increase the compensatory award by 20%.
For the unfair dismissal claim, the tribunal awarded a basic award of £238.46 and a compensatory award of £1,905.29, the latter stated to include the 20% uplift. The tribunal also found that the claimant's complaint about holiday pay accrued but unpaid at the termination of employment was well founded. It applied a further 20% uplift to that award for the respondent's unreasonable failure to comply with the ACAS Code in relation to the grievance about annual leave and holiday pay.
The tribunal ordered payment of £2,340.24 for unpaid holiday pay, inclusive of the uplift, less any statutory deductions properly due if intimated in writing and remitted to HMRC. It also allowed the claimant's application for an expenses order and awarded £492 in expenses.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatically unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996. The compensatory award of £1,905.29 was stated to be inclusive of the 20% ACAS uplift. | Upheld | — | £2,144 |
| Holiday pay | Complaint that holiday pay accrued but unpaid at termination was well founded. The award was stated to be inclusive of a 20% ACAS uplift and subject to any statutory deductions properly due if intimated in writing and remitted to HMRC. | Upheld | — | £2,340 |
| Other | Application for an expenses order under rules 74 to 78 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. | Upheld | — | £492 |
Remedy
Monetary award- Total award
- £4,976
- across all upheld claims
- Basic award
- £238
- statutory, unfair dismissal
- Compensatory award
- £1,905
- compensatory remedy recorded
Legal tests applied
3 references- s.104 Employment Rights Act 1996
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- r.74-r.78 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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