Did a tribunal err by awarding the Claimant the maximum 25% Acas Uplift?
No, held the EAT in Rentplus UK v Coulson, following the tribunal's conclusion that the procedure adopted by the Respondent was a total sham.
The judgment contains a useful reminder of the questions a tribunal should ask when considering the Acas Uplift:
- Is the claim one which raises a matter to which the Acas Code (the Code) applies?
- Has there been a failure to comply with the Code in relation to that matter?
- Was the failure to comply with the code unreasonable?
- Is it just and equitable to award an uplift because of the failure and if so, by what percentage (up to 25%)?
Despite some criticism of the tribunal’s judgment and highlighting that it failed to correctly detail which failure of the Code it was dealing with, the EAT held that there was no error of law in awarding an uplift of 25%. Not only was the dismissal process a sham, but the Claimant’s grievance was handled in a similarly egregious manner. This further indicated that it was just and equitable to apply the uplift at the highest level.
Thanks to Elizabeth McGlone of didlaw for preparing this case summary.