Tribunal Intelligence · Yerty Findings

What happens to a tribunal award after you win?

Applies to England, Wales and Scotland  ·  Last updated June 2026  ·  Source: Yerty Intelligence Hub — analysis of published tribunal judgments

Winning is not the end of the calculation. Among ~30,040 cases with a monetary award, the most common adjustments are the ACAS uplift (9.8% of awarding cases, +17%), Polkey reductions (6.3%, −49%) and contributory fault (5.9%, −40%). The two big reductions each roughly halve the award when they apply.

ACAS uplift9.8%+17%Recoupment6.7%→ DWPPolkey reduction6.3%−49%Contributory fault5.9%−40%Mitigation3.9%−27%Grossing-up2.2%+25%Compensatory cap2%capsSection 381%+2–4 wksChagger uplift0.3%+45%
reduces award increases award redirects / caps
Share of awarding cases where each adjustment applies, with its typical effect. Source: Yerty Intelligence Hub (n≈30,040 cases with a monetary award).
Award adjustments by frequency among ~30,040 awarding cases
Adjustment% of awarding casesTypical effect
ACAS uplift9.8%+17%
Recoupment6.7%→ DWP
Polkey reduction6.3%−49%
Contributory fault5.9%−40%
Mitigation3.9%−27%
Grossing-up2.2%+25%
Compensatory cap2%caps
Section 381%+2–4 wks
Chagger uplift0.3%+45%

The adjustments that reduce an award

Two reductions do most of the work. A Polkey reduction (6.3% of awarding cases) reflects the chance the employee would have been dismissed anyway, and typically cuts the award by about 49%. Contributory fault (5.9%) reflects the claimant's own conduct, cutting it by around 40%. Between them they feature in roughly one in eight awarding cases. Failure to mitigate (3.9%) takes off about 27% more.

The adjustments that increase it

The most common single adjustment is the ACAS uplift (9.8%), applied where an employer unreasonably failed to follow the ACAS Code, adding about 17%. Grossing-up for tax (2.2%) adds around 25%, the Chagger uplift for career-long loss (0.3%) around 45%, and a Section 38 award for missing written particulars (1.0%) adds two to four weeks' pay.

Recoupment and the cap

Two further mechanisms reshape rather than raise or lower the headline figure. Recoupment (6.7%) redirects part of the award to the state to repay benefits received. The compensatory cap was applied in 2.0% of awarding cases. Aggravated damages remain rare, in only 17 cases.

What this means

The headline award is rarely the final figure. A successful claim can be uplifted for an employer's procedural failures or cut substantially for a flawed dismissal that was likely coming anyway. The same gross loss can resolve very differently once these adjustments are applied.

Methodology & coverage

Frequencies are shares of the ~30,040 cases with a monetary award captured in Yerty's remedy layer, drawn from a corpus of 131,146 cases. They describe the awarding subset and should not be read as shares of all tribunal cases. The remedy layer is still being completed, so figures may be refined. These adjustment frequencies are not published in official Ministry of Justice statistics.

Frequently asked questions

What happens to a tribunal award after you win?

It is adjusted. Among ~30,040 cases with a monetary award, tribunals apply uplifts and reductions — most commonly the ACAS uplift (9.8%), Polkey reductions (6.3%) and contributory fault (5.9%).

What is a Polkey reduction?

A reduction reflecting the chance the employee would have been dismissed anyway had a fair process been followed. It appears in 6.3% of awarding cases and typically cuts the award by about 49%.

How much does the ACAS uplift add?

Where an employer unreasonably failed to follow the ACAS Code, the award can rise by up to 25%. It is the most common adjustment, in 9.8% of awarding cases, adding about 17% on average.

What is contributory fault?

A reduction for the claimant's own conduct contributing to the dismissal. It appears in 5.9% of awarding cases and typically reduces the award by around 40%.

Do these percentages apply to all tribunal claims?

No. They are shares of the ~30,040 cases that won a monetary award, not of all 131,000 cases. Most claims settle or do not result in a captured award and are not in this base.

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Sources

  • Yerty Intelligence Hub — analysis of published employment tribunal judgments

Related: award amounts · how often the cap applies

How to cite this

Yerty (2026). What happens to a tribunal award after you win?. Yerty Intelligence Hub. https://yerty.co.uk/tribunal-data/findings/tribunal-award-adjustments (last updated June 2026).

Free to cite for non-commercial use with attribution to Yerty. For commercial use, bulk or API access, or AI training, see our Data Use & Citation policy.

Figures derived from Employment Tribunal decisions published by HM Courts & Tribunals Service on GOV.UK, licensed under the Open Government Licence v3.0. Analysis © Yerty. Re-use is subject to our Data Use & Citation policy.

Yerty provides information, not legal advice. These figures describe the published tribunal record among awarding cases and are not a prediction for any individual claim. For advice on your circumstances, consider speaking to a qualified employment solicitor.