Head of Sales dismissed over 'drive-by shooting' joke: unfair dismissal win
A Head of Sales with 3 years' service was unfairly dismissed after a series of conduct allegations, including a joke about a 'drive-by shooting'. The tribunal awarded £27,777.76, reduced by 25% for contributory fault.
1 min read · Last updated 18 May 2026
Case details
- #insubordination
- #drive-by-shooting-banter
- #contributory-fault
- #acas-code-uplift
- #wrongful-dismissal
- #notice-pay
Key facts
- The claimant was employed as Head of Sales from January 2019 until summary dismissal on 15 March 2022.
- The respondent conceded procedural unfairness but argued contributory fault and Polkey reduction.
- The tribunal found the claimant contributed to his dismissal by insubordinate conduct, reducing compensation by 25%.
- The respondent breached the ACAS Code, leading to a 25% uplift on the compensatory award.
- The claimant mitigated loss by working as a driver and chauffeur shortly after dismissal.
- The total award was £27,777.76, including notice pay of £5,827.19.
Timeline
-
Employment commenced
Claimant started as Head of Sales with 3 months' notice period.
-
New contract signed
Claimant signed a new contract extending notice period to 6 months, with Edward Marcus as line manager.
-
Board meeting outburst
Claimant made robust comments about Jonathan and Patricia Marcus; no disciplinary action taken.
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Meeting at office
Claimant questioned Jonathan and Patricia about mask-wearing and safe; no disciplinary action.
-
Sales adverts noticed
Claimant saw adverts for sales roles similar to his own, leading to concerns about his position.
-
Discovery of new recruit
Claimant learned a new sales manager was starting; he made comments to Alison Cutter about litigation.
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Summary dismissal
Claimant dismissed for five misconduct allegations including insubordination and recording a call.
-
Started driving work
Claimant began working as a contract driver and self-employed chauffeur to mitigate loss.
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Remedies hearing
Tribunal determined compensation, applying 25% contributory fault reduction and 25% ACAS uplift.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for misconduct, whether he contributed to his dismissal, and the appropriate compensation including notice pay.
The outcome
The tribunal found the claimant was unfairly dismissed because the employer conceded procedural unfairness. However, the claimant's conduct, including a 'drive-by shooting' joke and other insubordinate behaviour, contributed to his dismissal, leading to a 25% reduction in compensation. The employer also breached the ACAS Code, resulting in a 25% uplift on the compensatory award.
- Basic award: £1,927.13 (reduced by 25% to £1,445.35)
- Compensatory award: £20,023.44 (reduced by 25% to £15,017.58, then uplifted by 25% to £18,771.98)
- Notice pay (wrongful dismissal): £5,827.19
- Total award: £27,777.76
Lessons & takeaways
- Even if an employer admits procedural unfairness, a tribunal can still reduce compensation if the employee's own conduct contributed to the dismissal.
- Making jokes about violence, even if intended as banter, can be considered insubordination and may reduce your compensation.
- Employers who fail to follow the ACAS Code of Practice on disciplinary procedures may face an uplift of up to 25% on compensation.
- Employees should be cautious about recording conversations without consent, as this can be a factor in misconduct allegations.
When banter crosses the line
This case shows how a workplace joke can have serious consequences. The Head of Sales, who had worked for the company for three years, was dismissed after a series of incidents. The most notable was a comment about a 'drive-by shooting' made during a meeting. The tribunal accepted this was intended as banter, but it contributed to a finding of insubordination.
What went wrong for the employer
The employer conceded that the dismissal was procedurally unfair. They failed to follow a proper disciplinary process, which meant the dismissal was automatically unfair. However, the tribunal still examined the claimant's conduct and found that he had contributed to his dismissal. This reduced his compensation by 25%. The employer also breached the ACAS Code, leading to a further 25% uplift on the compensatory award.
Key takeaways for similar claims
This case highlights that compensation can be reduced even when the employer admits fault. Employees should be aware that their own behaviour, including comments made in jest, can affect their award. Employers, on the other hand, must follow proper procedures to avoid additional penalties. The ACAS uplift serves as a reminder that cutting corners can be costly.
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