In the case of Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12 it was held that only employees, not workers, can be awarded a compensation uplift of 25%, where a respondent has unreasonably failed to comply with the “Acas Code of Practice in Disciplinary and Grievance Procedures.”
In this case the employment tribunal upheld Ms Shah’s claim that local Government Yorkshire and Humber, to which she had been seconded, had subjected her to a detriment for making a protected disclosure. The tribunal found that Ms Shah, was a worker, not an employee, for the purposes of this claim. The tribunal held that as the respondent had failed to comply with the Acas Code she was entitled to an uplift under section 207A Trade Union and Labour Relations (Consolidation) Act 1992.
The employer appealed to the Employment Appeal Tribunal, arguing that Ms Shah, as a worker was not entitled to a compensation uplift.
The Employment Appeal Tribunal upheld the employer’s appeal, , stating that it was “clear” that only employees and not workers can be awarded a compensation uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
For more information on this, please contact us on 01483 303636