Claimant Wins Unfair Dismissal Case But Compensation Reduced
📌 In brief
A worker won their unfair dismissal case against an online retailer at Leeds Employment Tribunal. However, the compensation was reduced by 80% due to contributory conduct and the Polkey principle. The tribunal also ruled that no enhancement of compensation applied for breach of ACAS Code.
⚖️ Legal holding
An employer must consider the ACAS Code of Conduct before dismissing an employee for reasons other than redundancy or misconduct.
📖 What the law says
Under this section, when determining whether the dismissal of an employee is fair or unfair, the employer must show the reason for the dismissal and prove that it falls within certain categories, including the employee's capability or qualifications, their conduct, redundancy, or a breach of duty or restriction under an enactment. Additionally, the fairness of the dismissal depends on whether the employer acted reasonably in the circumstances, considering the size and resources of the employer's business.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's unfair dismissal claim succeeds, but compensation is reduced due to contributory conduct and Polkey principle.
📜 Headnote Official document
The claimant's unfair dismissal case succeeded, but compensation was reduced by 80% due to contributory conduct and the Polkey principle. The Employment Tribunal found that no enhancement of compensation applied for breach of ACAS Code.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case Number: 6020716/2025 6020717/2025
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EMPLOYMENT TRIBUNALS FINAL HEARING
Claimants: [redacted]
Mrs [APPELLANT] [[NAME] Claimant]
Respondent: [redacted] Leeds Employment Tribunal (by remote video)
On: 11, 12, 13, 14, and 15 May 2026
Before: Employment Judge Stephen Shore
Appearances
For the claimants: [redacted] For the respondent: [redacted]
JUDGMENT AND REASONS ON LIABILITY
JUDGMENT
1. The first claimant’s claim of unfair dismissal succeeds.
Case Number: 6020716/2025 6020717/2025
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2. The first claimant’s basic and compensatory awards will be reduced by 100% under the principle in Polkey v A E Dayton Services Ltd [1988] ICR 142.
3. The first claimant’s compensation will be reduced by 80% for contributory conduct.
4. There is no enhancement of compensation for breach of the ACAS Code of Conduct as the reason for dismissal was not conduct.
5. The [NAME] claimant’s claim of unfair dismissal succeeds.
6. No basic award is payable to the [NAME] claimant, as she received a statutory redundancy payment.
7. The [NAME] claimant’s compensatory award will be reduced by 80% under the principle in [NAME].
8. There is no enhancement of compensation for breach of the ACAS Code because the [NAME] claimant was dismissed for the reason of redundancy.
9. No compensation is payable to the first respondent. He withdrew his application for reinstatement as a remedy.
10. By consent, the respondent shall pay [APPELLANT], the [NAME] claimant £3,349.78 (gross without deduction of income tax and national insurance).
11. The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply to the settlement agreed between the [NAME] claimant and the respondent.
Case Number: 6020716/2025 6020717/2025
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12. Written Reasons for this Judgment were requested by the claimants and will be supplied as soon as practicably possible. Approved by EJ [NAME] 15 May 2026
📊 How courts decide similar cases
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A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- An employer must consider the ACAS Code of Conduct before dismissing an employee.
- An employer must act reasonably in all circumstances when treating some other substantial reason as sufficient for dismissal.
- An employer must provide holiday pay for accrued but untaken leave upon termination of employment.
- An employer must make reasonable adjustments for disabled employees to avoid discriminatory constructive dismissal.
- An employer must not unfairly dismiss an employee, even if there is a chance the dismissal would have occurred anyway.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's unfair dismissal case succeeded, but their compensation was reduced due to contributory conduct and the Polkey principle.
Who was involved?
A worker (the claimant) brought a case against an employer (Integrity Stainless and Alloy Ltd).
How did the court decide, and why?
The Employment Tribunal found that the dismissal was unfair but reduced compensation due to contributory conduct and the Polkey principle.
Which laws or rules were applied?
Section 98 of the Employment Rights Act 1996 was applied.
What argument mattered most?
The claimant's contributory conduct and adherence to the Polkey principle significantly impacted the compensation awarded.
Was the decision for or against the person who brought the case?
For, but with reduced compensation.
What does this mean for someone in a similar situation?
Someone facing unfair dismissal should be aware that contributory conduct and adherence to the Polkey principle can reduce their compensation.
What evidence or documents mattered?
The tribunal considered evidence of the claimant's conduct and adherence to ACAS Code procedures.
Can a decision like this be appealed?
Yes, decisions from Employment Tribunals can often be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is highly recommended to seek advice from a qualified solicitor for such cases.