Dismissed without a meeting or appeal: a conduct case with big reductions
A former employee of Fairview Grocers Limited was unfairly dismissed without any meeting or right of appeal, but his own conduct led to a 60% cut in compensation. He was awarded £3,752.89 in total.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by the respondent from 1 October 2015 to 9 August 2021.
- The claimant was dismissed without a meeting or right of appeal.
- The respondent failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
- The claimant took only 4 weeks of holiday between November 2019 and August 2021, despite being entitled to 5.6 weeks per year.
- The respondent did not provide written employment particulars.
- The claimant's conduct contributed to his dismissal, leading to a 60% reduction in awards.
Timeline
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Employment start
Claimant started employment with Fairview Grocers Limited.
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Holiday pay claim period start
Earliest date for holiday pay claim, two years before claim presentation.
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Dismissal
Claimant's employment was terminated.
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New employment start
Claimant started a higher-paying job.
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Claim presented
Claimant presented his claim to the tribunal.
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Liability hearing
Tribunal heard liability over three days.
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Liability judgment
Judgment on liability issued.
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Remedy hearing
Tribunal determined remedy.
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Remedy judgment
Final judgment with reasons issued.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for conduct, whether the respondent made unauthorised deductions from wages (holiday pay), whether it failed to provide written employment particulars, and whether the claimant was discriminated against due to disability.
The outcome
The tribunal upheld the claimant's unfair dismissal claim but found that his conduct contributed to the dismissal, reducing the basic and compensatory awards by 60% each. It also found that the respondent made unauthorised deductions for unpaid holiday pay and failed to provide written employment particulars. The claimant's disability discrimination claims were dismissed.
Compensation breakdown:
- Basic award: £935.55 (reduced by 60%)
- Compensatory award: £516.55 (reduced by 60%)
- Unpaid holiday pay: £1,677.09
- Failure to provide written particulars: £623.70
- Total: £3,752.89
Lessons & takeaways
- Even if an employee's conduct is poor, a fair process — including a meeting and a right of appeal — is essential for a fair dismissal.
- Failing to provide written employment particulars can lead to an additional award of up to four weeks' pay.
- Employees should keep records of holiday taken and pay received; unpaid holiday pay can be claimed up to two years back.
- A claimant who contributed to their dismissal can expect their compensation to be significantly reduced.
A dismissal without any process
The former employee of Fairview Grocers Limited was dismissed without being given a meeting or any right of appeal. The tribunal found this was procedurally unfair, especially given his five years of service. However, the tribunal also found that the employee's own conduct contributed to the dismissal, so his compensation was reduced by 60%.
What the employer could have done differently
Fairview Grocers Limited could have avoided the unfair dismissal finding by following a basic disciplinary process: holding a meeting to discuss the conduct, allowing the employee to respond, and providing a right of appeal. Even if the outcome would have been the same, the process matters. The employer also failed to provide written employment particulars and did not pay all holiday due — both avoidable errors that added to the compensation.
Why this case matters
This case shows that even where an employee's conduct is poor, a fair process is not optional. It also highlights that employees can bring multiple claims arising from the same dismissal, including for unpaid holiday pay and failure to provide written particulars. The significant reductions for contributory fault remind both sides that conduct before dismissal can heavily affect the final award.
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