Unfair dismissal claim succeeds but compensation slashed by 60% for employee's own conduct
A former employee won his unfair dismissal claim against ARL Services (UK) Limited but had his compensation reduced by 60% because the tribunal found he contributed to his own dismissal. He was awarded £1,659.76.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was unfairly dismissed.
- The claimant contributed to his dismissal.
- The basic award and compensatory award were reduced by 60% due to contributory conduct.
- The respondent was ordered to pay £1659.76 in compensation.
Timeline
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First hearing day
Substantive hearing commenced.
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Second hearing day
Substantive hearing continued.
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Third hearing day
Substantive hearing resumed.
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Fourth hearing day
Substantive hearing concluded; judgment on liability given orally.
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Written judgment on liability
Employment Judge Gumbiti-Zimuto signed the written judgment finding unfair dismissal and 60% contributory fault.
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Remedy hearing
Tribunal determined compensation: basic award £633.20, compensatory award £1026.56, total £1659.76.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed and, if so, what compensation was appropriate given any contributory fault by the employee.
The outcome
The tribunal found that the former employee was unfairly dismissed by ARL Services (UK) Limited. However, it also found that the employee's own conduct contributed to his dismissal, so it reduced both the basic award and the compensatory award by 60%.
Compensation:
- Basic award: £633.20
- Compensatory award: £1,026.56
- Total: £1,659.76
Lessons & takeaways
- Even if you win an unfair dismissal claim, your compensation can be significantly reduced if the tribunal finds you contributed to your dismissal through your own conduct.
- Keep detailed records of any conduct issues raised by your employer and how you responded, as this can help demonstrate you did not contribute to the dismissal.
- If you are represented by a union representative, ensure they are prepared to argue against findings of contributory fault, as this can drastically affect the award.
- Employers should ensure they follow a fair procedure and consider all evidence before dismissing, as failure to do so can lead to a finding of unfair dismissal.
This case shows that even when an employee wins an unfair dismissal claim, their own behaviour can substantially reduce the compensation they receive. The former employee was found to have contributed to his dismissal by 60%, meaning the basic award and compensatory award were both cut by that percentage.
What the employer could have done differently
ARL Services (UK) Limited could have avoided the unfair dismissal finding by following a fairer process. However, the tribunal also recognised that the employee's own conduct played a significant role, which limited the financial impact on the employer.
Why this matters
For employees, this case is a reminder that the tribunal will look at both sides' behaviour. Even a successful claim can result in a relatively small award if the employee is found partly at fault. For employers, it highlights that while contributory fault can reduce compensation, it does not automatically prevent a finding of unfair dismissal if the procedure was flawed.
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