Unfair dismissal for conduct but 100% reduction: procedural failures still cost employer

What this case shows in practice

This case highlights how procedural failures can lead to a finding of unfair dismissal, even when the employee's own conduct was the real reason for the termination. The former employee was dismissed for gross misconduct, but the employer failed to provide written reasons within the 14-day statutory period. That technical breach was enough to make the dismissal unfair, though the tribunal made clear that the employee's behaviour was culpable and blameworthy.

What the losing side could have done differently

The employer could have avoided the unfair dismissal finding simply by providing written reasons for the dismissal on time. The failure to do so was a straightforward procedural error. Additionally, the employer did not provide a written statement of terms and conditions, which led to an extra award of 4 weeks' pay. Both of these are basic legal requirements that any employer should have in place.

Why the result matters for similar claims

For employees, this case is a reminder that procedural errors can win an unfair dismissal claim even when the underlying conduct is serious. However, compensation may still be wiped out if the employee's own actions caused the dismissal. For employers, it shows that failing to follow statutory procedures — even in clear-cut misconduct cases — can result in a finding of unfairness and additional awards. The total award here was modest (£576), but the reputational and time costs of defending a tribunal claim are far higher.