NHS employee unfairly dismissed for conduct: 50% reduction for contributory fault

This case shows how an employer's failure to follow a fair procedure can render a conduct dismissal unfair, even when the employee's own behaviour was a contributing factor. The NHS employee was dismissed following a disciplinary process, but the tribunal found that the process was flawed, making the dismissal unfair. However, the employee's conduct was found to have contributed 50% to her dismissal, so her compensation was reduced accordingly.

The employer, Guys and St Thomas’ NHS Foundation Trust, could have avoided this outcome by ensuring a more thorough and fair investigation and disciplinary process. The tribunal's decision highlights that even where an employee has acted wrongly, the employer must still act reasonably in the way it handles the dismissal.

For employees considering a similar claim, this case underscores the importance of gathering evidence of procedural failings, such as failure to follow the ACAS Code or the employer's own policies. It also serves as a reminder that race discrimination claims require strong evidence of discriminatory treatment, as these claims were dismissed here. The 50% reduction for contributory conduct also illustrates that compensation can be substantially reduced if the employee's own actions played a part in the dismissal.