Unfair dismissal after unreasonable disciplinary procedure: £2,373 awarded despite employee's own conduct
A former employee was unfairly dismissed after Fyfe Mcdade Ltd applied an unreasonable disciplinary procedure. The tribunal awarded £2,373.20, reduced by 50% for the employee's own conduct.
1 min read · Last updated 19 May 2026
Case details
- #unfair-dismissal
- #equal-pay
- #sex-discrimination
- #contributory-conduct
- #polkey-principle
- #acas-code-uplift
- #statement-of-terms
Key facts
- The claimant was dismissed following a disciplinary procedure that the tribunal found unreasonable.
- The claimant's conduct before dismissal contributed to the dismissal.
- The claimant's equal pay claim based on like work was dismissed because the respondent established a material factor defence unrelated to sex.
- The claimant's equal pay claim based on work of equal value was struck out as having no reasonable prospect of success.
- The claimant's wrongful dismissal claim was dismissed.
Timeline
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Hearing day 1
The tribunal heard evidence and submissions.
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Hearing day 2
The tribunal continued hearing evidence and submissions.
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Hearing day 3 and oral judgment
The tribunal gave an oral judgment on liability and remedy.
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Judgment entered
The written judgment was entered in the Register.
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Corrected judgment issued
A corrected version of the judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed due to an unreasonable disciplinary procedure, and whether the employee's own conduct before dismissal should reduce any compensation.
The outcome
The tribunal found the dismissal unfair because the disciplinary procedure was unreasonable. However, the employee's conduct before dismissal contributed to the outcome, so compensation was reduced.
Compensation breakdown:
- Basic award: £544.00 (after 50% reduction for contributory conduct)
- Compensatory award: £1,829.20 (after 50% reduction for contributory conduct, plus 20% ACAS code uplift and two weeks' pay for missing written statement)
- Total: £2,373.20
Lessons & takeaways
- If you are dismissed after an unfair process, you may still have a claim even if your own conduct played a part.
- Compensation can be significantly reduced if the tribunal finds you contributed to your dismissal through your own behaviour.
- Employers who fail to follow a fair disciplinary procedure risk an unfair dismissal finding, even if the employee was at fault.
- Missing a written statement of terms can lead to an additional two weeks' pay in compensation.
What this case shows
This case illustrates how an employer's failure to follow a fair disciplinary procedure can lead to an unfair dismissal finding, even when the employee's own conduct contributed to the situation. The former employee was dismissed by Fyfe Mcdade Ltd after a process that the tribunal described as unreasonable. However, the employee's behaviour before the dismissal was also a factor, which reduced the compensation.
What the employer could have done differently
Fyfe Mcdade Ltd could have avoided the unfair dismissal finding by ensuring the disciplinary procedure was fair and reasonable. This might have included giving the employee a proper opportunity to respond to allegations, considering mitigating factors, and following a structured process. The tribunal's decision to reduce compensation by 50% for contributory conduct shows that even when the employer is at fault, the employee's own actions matter.
Why this matters for similar claims
This case is a reminder that unfair dismissal claims are not all-or-nothing. Even if you win, your compensation can be reduced if you contributed to your dismissal. It also shows the importance of employers providing written statements of terms, as failing to do so can add two weeks' pay to any award. The employee's equal pay claims were dismissed, highlighting that not all claims in a case will succeed.
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