Ms Kate Carlsen v Architecture North — 2025

The Claimant was employed as an Architectural Assistant from 20 May 2024 and was dismissed without notice for gross misconduct on 25 April 2025 following an argument with the Company Director about a client request. The tribunal found that, although neither of the contracts issued in May and October 2024 had been signed, both parties had operated under their terms for almost eleven months, and so a contract of employment existed. The tribunal concluded that the conduct relied on did not amount to gross misconduct justifying summary dismissal, and that the Respondent was in breach of contract by dismissing the Claimant without notice. The wrongful dismissal claim succeeded and the Claimant was awarded three weeks' notice pay (£1,696.11 gross), inclusive of a 15% ACAS uplift.

On holiday pay, the tribunal preferred the documentary evidence (payslips and leave requests) and found that the Claimant had taken eighteen days of leave in 2024 against an accrued entitlement of seventeen-and-a-half days, so there were no days available to carry into 2025. In 2025 she had taken thirteen days against a pro-rata statutory entitlement of nine days, meaning four days had been taken in excess of entitlement. Under the contractual term permitting deductions for holiday taken but not accrued, the Respondent was entitled to deduct four days from final pay, and the deduction was lawful. The holiday pay complaint was dismissed.

On the ACAS uplift, the tribunal found that no disciplinary process was followed before dismissal and that the Respondent's failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures was unreasonable. Exercising the power under s.207A(2), the judge adjusted the notice pay award upwards by 15% as just and equitable in the circumstances.