Employment Tribunal Allows Unfair Dismissal Claim, But Compensation Reduced
📌 In brief
In this case, an employee claimed they were unfairly dismissed by their employer. While the tribunal agreed there was unfair dismissal, it also found that the employee contributed significantly to their own dismissal. As a result, the compensation awarded was greatly reduced. The decision highlights the importance of following proper procedures when dealing with employment disputes.
⚖️ Legal holding
An employer may dismiss an employee for misconduct, but the compensation is reduced if the employee contributed to their own dismissal.
📖 What the law says
This section outlines the criteria for determining whether an employee's dismissal is fair or unfair. It requires the employer to provide the reason for the dismissal and prove that the reason falls within certain categories, including the employee's capability, qualifications, conduct, redundancy, or breach of duty. Additionally, the fairness of the dismissal is judged based on whether the employer acted reasonably in the circumstances.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant's unfair dismissal claim succeeded but was significantly reduced due to contributory fault and Polkey principles.
📜 Headnote Official document
The claimant's unfair dismissal claim was partially successful. The employment judge found that the employer had dismissed the employee for misconduct, but the compensation awarded was significantly reduced due to the claimant's contributory fault and the application of Polkey principles.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case Number: 6024717/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondents: [redacted]
Before: Employment Judge Cowen
Representation
Claimant: [redacted]
Respondent: [redacted]
JUDGMENT
For the reasons given in a summary oral Judgment on 13 March 2026:
1. The Claimant was an employee of the Respondent from 25 July 2014 to 11 March 2025.
2. The Claimant’s claim for unfair dismissal succeeds subject to the following; a. The Claimant’s contribution to his dismissal was 80% b. The reduction based on [NAME] is 80% c. The uplift for failure to follow ACAS procedure is 10%
3. A remedy hearing will be listed, if the parties are not able to agree compensation by 27 March 2026. The parties are to inform the Tribunal by that date as to whether they require a remedy hearing, or inform the Tribunal of any settlement which has been reached.
4. The Claimant’s claims of failure to pay holiday pay and arrears of pay are dismissed upon withdrawal
Approved by Employment Judge Cowen
Case Number: 6024717/2025
13 March 2026
JUDGMENT SENT TO THE PARTIES ON
28 April 2026
FOR THE TRIBUNAL OFFICE
Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Parties requesting written reasons must indicate whether they wish to receive summary or full written reasons. Parties are reminded that summary reasons are not published online, but full written reasons when provided will be placed online.
All judgments (apart from judgments under Rule 51) and any full written reasons for the judgments are published, in full, online at https://www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here:
www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation- practice-directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Rules on Age Discrimination and Disability Adjustments
- Employment Tribunal Employment Tribunal Allows Unfair Dismissal Claim But Rejects Wrongful Dism…
- Employment Tribunal Holiday Pay Claim Successful in Employment Tribunal Case
- Employment Tribunal Employment Tribunal Rules on Disability Discrimination and Pay Statements
- Employment Tribunal Worker's Disability Discrimination Claim Dismissed by Employment Tribunal
- Employment Tribunal Employment Tribunal Rejects All Discrimination Claims Against DVLA
- Employment Tribunal Employment Tribunal Rejects Disability and Age Discrimination Claims
- Employment Tribunal Employment Tribunal Rejects Unfair Dismissal and Breach of Contract Claims
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
- The employer must follow a fair procedure before dismissing an employee to avoid unfair dismissal claims.
- 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 provide written itemised pay statements and cannot treat an employee unfavourably due to their disability or request unnecessary sick notes.
❌ Tends to be rejected
- A claimant's case is dismissed if it has no reasonable chance of success and does not comply with procedural rules.
- An employer is not required to make reasonable adjustments or avoid discriminatory practices if the claimant's allegations are not substantiated by evidence.
- An employer is not liable for direct disability or age discrimination and victimisation if the claims are unfounded.
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 claim succeeded but was significantly reduced due to contributory fault and Polkey principles.
Who was involved?
An employee (the claimant) brought a case against their employer (the respondent).
How did the court decide, and why?
The tribunal found that while there was unfair dismissal, the claimant contributed significantly to their own dismissal. This led to a reduction in compensation.
Which laws or rules were applied?
The Employment Rights Act 1996 s.98 was cited as relevant legislation.
What was the argument that mattered most?
The claimant's contributory fault and the application of Polkey principles were central to the decision.
Was the decision for or against the person who brought the case?
For, but with significant reductions in compensation.
What does this mean for someone in a similar situation?
Someone claiming unfair dismissal should be aware that their own actions can reduce any compensation they receive.
What evidence or documents mattered?
The tribunal considered the circumstances of the claimant's dismissal and their conduct leading up to it.
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 legal advice from a qualified solicitor for such cases.