Dismissed without notice for conduct: a case where process and appeal mattered
A former employee was unfairly and wrongfully dismissed after a disciplinary hearing. The tribunal awarded £3,210 but reduced compensation due to the employee's conduct and failure to appeal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed without notice.
- The claimant's contract entitled him to one month's notice.
- The claimant contributed to his dismissal by responses at a disciplinary hearing.
- The claimant did not appeal the dismissal despite having a right of appeal.
- The respondent did not attend the hearing.
Timeline
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Notice period would have ended
The claimant's contractual notice period of one month would have ended on this date.
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Claimant started new employment
The claimant began new employment, ending the period of lost income.
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Tribunal hearing
The hearing took place at Manchester Employment Tribunal before Employment Judge Leach.
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Judgment given
Employment Judge Leach issued the judgment finding unfair dismissal and wrongful dismissal.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed for conduct and wrongfully dismissed without notice, and what remedies were appropriate given the employee's own conduct and failure to appeal.
The outcome
The tribunal found that the former employee was unfairly dismissed and wrongfully dismissed. The employer dismissed him without notice, breaching his contractual right to one month's notice.
Key reasons:
- The employer did not follow a fair process and dismissed without notice.
- The employee contributed to his dismissal by his responses at the disciplinary hearing (20% reduction).
- The employee did not use the right of appeal (15% reduction under the ACAS Code).
Compensation:
- Wrongful dismissal: £1,667.50 gross (one month's salary)
- Unfair dismissal basic award: £480.00
- Unfair dismissal compensatory award: £1,062.68 (after 35% reduction)
- Total: £3,210.18
Lessons & takeaways
- If you are dismissed, always use any right of appeal – failing to do so can reduce your compensation by up to 25%.
- How you behave in a disciplinary hearing can affect your compensation if the tribunal sees it as contributing to your dismissal.
- Employers must give contractual notice unless the employee's conduct justifies summary dismissal – check your contract.
- Even if the employer does not attend the tribunal, you still need to prove your case and mitigate your losses.
This case shows how a dismissal for conduct can go wrong when the employer fails to follow basic contractual and procedural requirements. The employee was dismissed without notice, despite his contract entitling him to one month's notice. The tribunal found this was both a breach of contract (wrongful dismissal) and an unfair dismissal.
What the employer could have done differently
The employer could have avoided liability by giving proper notice or by showing that the employee's conduct justified summary dismissal. They also should have ensured a fair disciplinary process. However, the employee's own conduct at the hearing contributed to the dismissal, and his failure to appeal reduced his compensation.
Why this matters for similar claims
This case highlights the importance of following contractual notice periods and providing a right of appeal. Employees who are dismissed should be aware that their own actions can reduce compensation, and that failing to appeal can lead to a further reduction. The total award of £3,210.18 reflects these deductions, showing that even a successful claim may result in lower compensation if the employee is partly at fault.
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