Dismissed after attending manager's home with white spirit: unfair but no compensation
A tribunal found that Open GI Ltd unfairly dismissed a disabled employee after he attended his manager's home with white spirit, but awarded no compensation due to his conduct. The employee received £2,805 for injury to feelings on a related discrimination claim.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent from 15 February 2017 until dismissal on 22 August 2022.
- The claimant suffered from PTSD and non-organic psychosis, which the respondent conceded as a disability.
- The claimant was placed on a performance improvement plan (PIP) from March 2022, which included an objective to complete work within agreed timescales.
- On 17 August 2022, the claimant slammed a glass and door during a capability meeting and received a final written warning.
- On 20 August 2022, the claimant attended the home of his manager with a bottle of white spirit and made threatening phone calls.
- The respondent dismissed the claimant on 22 August 2022 without giving him an opportunity to respond to the allegations.
Timeline
-
Diagnosis of anxiety and depression
The claimant was diagnosed with anxiety and depression in 2015 and attempted suicide.
-
Hospitalisation under Mental Health Act
The claimant was admitted to hospital for over a month for psychosis and prescribed Olanzapine.
-
Marvyn Amphlett becomes manager
Marvyn Amphlett became the claimant's manager in April 2021.
-
Informal PIP started
The claimant was placed on an informal performance improvement plan with four objectives.
-
Grievance appeal outcome: 10% extra time
The respondent agreed to a 10% increase on all estimated timescales as a reasonable adjustment.
-
Stage-two capability meeting and final written warning
The claimant received a final written warning after a heated meeting where he slammed a glass and door.
-
Claimant attended manager's home
The claimant travelled to his manager's home with white spirit and made threatening phone calls.
-
Dismissal
The respondent dismissed the claimant for irretrievable breakdown in trust and confidence without a hearing.
-
Claim presented to tribunal
The claimant presented a claim form to the employment tribunal.
-
Liability judgment
The tribunal upheld unfair dismissal and one s.15 claim (PIP for time to complete work), with 100% Polkey and contribution deductions.
-
Remedy judgment
The tribunal awarded £2,805.20 for injury to feelings and confirmed no compensation for unfair dismissal.
The legal issue
The tribunal had to decide whether the dismissal for irretrievable breakdown in trust and confidence was fair, and whether the employer discriminated against the employee by placing him on a performance improvement plan for taking longer to complete work due to his disability.
The outcome
The tribunal upheld the claim for unfair dismissal, but applied 100% Polkey and contributory conduct deductions, meaning no compensation was awarded for the dismissal itself.
- The claim for disability discrimination under s.15 Equality Act 2010 succeeded in respect of the performance improvement plan for not completing work on time.
- The tribunal awarded £2,805.20 for injury to feelings for that discrimination.
- All other claims, including direct discrimination and failure to make reasonable adjustments, were dismissed.
Lessons & takeaways
- Even in cases of serious misconduct, employees should be given a fair opportunity to respond to allegations before dismissal.
- Employers should consider whether an employee's conduct arises from a known disability before taking disciplinary action.
- Performance improvement plans that do not account for disability-related impairments may amount to discrimination arising from disability.
- A 100% Polkey deduction means the tribunal concluded the employee would have been dismissed even with a fair process, so no compensation for unfair dismissal is payable.
What this case shows in practice
This case illustrates the tension between an employer's need to act swiftly after a serious incident and an employee's right to a fair process. The employee, who had five years' service and a conceded disability (PTSD and non-organic psychosis), attended his manager's home with a bottle of white spirit and made threatening phone calls. Open GI Ltd dismissed him two days later without giving him a chance to explain his side. The tribunal found this procedural failure made the dismissal unfair, but that the outcome would have been the same regardless — hence no compensation for the dismissal itself.
What the employer could have done differently
Open GI Ltd could have avoided the unfair dismissal finding by holding a proper investigatory meeting, even if the outcome was inevitable. The tribunal noted that the employer's failure to hear the employee's account was a significant procedural flaw. However, the employee's conduct was so serious that any reasonable employer would have dismissed him anyway, leading to the 100% Polkey deduction. The employer also failed to consider whether the employee's actions — such as slamming a glass and taking longer to complete work — arose from his disability, which led to a successful discrimination claim over the performance improvement plan.
Why the result matters for similar claims
This case is a reminder that procedural fairness matters even in clear-cut misconduct cases. Employees with disabilities may have their conduct linked to their condition, and employers must consider this before imposing sanctions like PIPs or dismissal. The award of £2,805 for injury to feelings, though modest, shows that discrimination claims can succeed even when the main dismissal claim yields no compensation. For employees, it highlights that serious misconduct can wipe out compensation for unfair dismissal, but discrimination claims may still provide a remedy.
Similar cases
Former employee unfairly dismissed but gets only basic award after 70% contributory conduct deduction
A Watford tribunal found Mitie Ltd unfairly dismissed a former employee but reduced his basic award by 70% for his own conduct and made no compensatory award due to a 100% Polkey reduction. He received £1,298.10.
Estate agent with Crohn's disease wins constructive dismissal and disability discrimination claim
An estate agent with Crohn's disease was constructively dismissed and discriminated against after her employer sidelined her due to her disability. The tribunal awarded £46,652.74.
HR advisor dismissed after whistleblowing: unfair dismissal but no compensation for lost earnings
A tribunal found that an NHS Trust unfairly dismissed a Human Resources Advisor who raised concerns about misuse of COVID-19 funds, but awarded only £12,606 after ruling she would have been dismissed anyway.
MP dismissed senior advisor who raised concerns about misuse of parliamentary stationery
A senior advisor with 17 years' service was unfairly dismissed by her MP boss after making protected disclosures about misuse of parliamentary stationery and alleged criminal activity. The tribunal awarded £11,729.99 in compensation, reduced by 75% for contributory fault and a Polkey deduction.