Security officer dismissed by email without hearing: unfair but 100% contributory conduct
A tribunal found that a security officer with 13 years' service was unfairly dismissed after being sacked by email without any disciplinary hearing, but reduced her compensation to zero because her own conduct contributed entirely to the dismissal.
1 min read · Last updated 18 May 2026
Case details
- #long-service
- #summary-dismissal
- #acas-code-uplift
- #no-disciplinary-meeting
- #contributory-conduct
Key facts
- The claimant had been employed as a security officer since 2009.
- On 29 January 2022, the claimant left her shift after an argument with a colleague.
- She did not call the respondent's central number to report her absence as required.
- The respondent dismissed her summarily by email on 1 February 2022 without any disciplinary meeting.
- The tribunal found the dismissal procedurally unfair but the claimant's conduct contributed 100% to her dismissal.
Timeline
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Claimant leaves shift early
The claimant left her shift at Ice Wharf after an argument with a colleague, without calling the respondent's central number.
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Email sent to respondent
The claimant's son sent an email at 21:50 informing the respondent she had left.
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Summary dismissal
The respondent sent an email dismissing the claimant summarily for unauthorised absence.
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Claimant challenges dismissal
The claimant wrote to the respondent challenging the dismissal and inviting a compromise agreement.
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Respondent rejects challenge
The respondent's director replied rejecting the claimant's points.
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ET1 claim presented
The claimant presented her claim for unfair and wrongful dismissal.
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Preliminary hearing
Employment Judge Davidson summarised claims and set list of issues.
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Full hearing day 1
The substantive hearing began at London Central via CVP.
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Full hearing day 3
Oral judgment delivered.
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Written reasons sent
Employment Judge P Smith issued written reasons.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the employer was entitled to dismiss her without notice for leaving work without authorisation.
The outcome
The tribunal upheld the claimant's unfair dismissal claim but awarded no compensation.
- The dismissal was procedurally unfair: the employer dismissed the claimant by email without any disciplinary meeting, falling outside the band of reasonable responses.
- However, the claimant's conduct in leaving her shift early without reporting her absence as required was culpable and contributed entirely to the dismissal.
- Both the basic award and compensatory award were reduced by 100% for contributory conduct, resulting in zero compensation.
- The wrongful dismissal claim was dismissed because the claimant's unauthorised absence was a fundamental breach of contract, justifying summary dismissal.
Lessons & takeaways
- Employers must hold a disciplinary hearing before dismissing an employee, even in cases of apparent misconduct, to avoid a finding of unfair dismissal.
- Long-serving employees are entitled to a fair process; a summary dismissal by email without any investigation or meeting is likely to be procedurally unfair.
- Claimants should be aware that even if they win on unfair dismissal, their compensation can be reduced to zero if the tribunal finds their own conduct contributed to the dismissal.
- Wrongful dismissal claims for notice pay will fail if the employee's conduct amounted to a fundamental breach of contract, such as unauthorised absence.
This case shows that even a procedurally flawed dismissal can result in no compensation if the employee's own conduct is the real cause of their sacking. The security officer had worked for Secure Frontline Services Limited for 13 years when she left her shift early after an argument with a colleague. Instead of calling the company's central number as required, she asked her son to send an email. Three days later, she was dismissed summarily by email — no meeting, no investigation, no chance to explain.
The tribunal had no hesitation in finding the dismissal unfair. An employer who sacks a long-serving employee without any disciplinary process is almost certainly acting outside the range of reasonable responses. But the tribunal also found that the claimant's own actions — leaving her post without authorisation and failing to follow the correct reporting procedure — were culpable and contributed entirely to her dismissal. That meant her compensation was reduced by 100%, leaving her with nothing.
What the employer could have done differently
The employer could have avoided the unfair dismissal finding simply by holding a disciplinary hearing. Even a brief meeting would have allowed the claimant to explain her side and would have made the process fair. The employer's failure to follow its own code of conduct and basic procedural fairness cost it nothing in damages here, but it still has a finding of unfair dismissal on its record.
Why the result matters
This case is a reminder that winning an unfair dismissal claim does not guarantee compensation. The tribunal has the power to reduce awards where the employee's conduct contributed to the dismissal, and in some cases that reduction can be 100%. Employees who are considering bringing a claim should be aware that their own behaviour will be scrutinised, and if the tribunal finds they were largely to blame, they may walk away with a victory but no payout.
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