Compensation for ignoring appeal and post-dismissal grievance

Base Childrenswear Ltd v Otshudi EAT/0267/18

This case concerns an employee who had been with Base Childrenswear just three months when she was made redundant without notice or process. Her appeal and subsequent grievance were ignored, presumably because the employer believed that with just three months service she could not claim unfair dismissal.

Whilst this is true, employees do not need the two-year qualifying period to bring breach of contract or discrimination claims, which is what Ms Otshudi did. She won her claim of discrimination. However, what is interesting about this case is that the compensation she was awarded was increased because her former employer had not dealt with the appeal or grievance submitted after she left. In essence, they had not followed the ACAS Code of Practice.