Former employee wins unfair dismissal claim but award slashed for own conduct
A former employee of Bryn Labour Club was unfairly dismissed, but the tribunal reduced her compensation by 75% for contributory conduct and a further 50% for the chance she would have been dismissed anyway, leaving a total award of £1,995.79.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed by the respondent.
- The claimant was dismissed.
- The tribunal found the dismissal was unfair.
- The claimant contributed to her dismissal by culpable conduct.
- There was a likelihood the claimant would have been dismissed in any event.
Timeline
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Hearing day 1
The employment tribunal hearing commenced.
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Hearing day 2 and judgment
The hearing concluded and the judgment was issued, finding unfair dismissal.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed under sections 95 and 98 of the Employment Rights Act 1996, and if so, to what extent her own conduct and the chance of dismissal anyway should reduce compensation.
The outcome
The tribunal ruled that the former employee was unfairly dismissed by Bryn Labour Club. However, it found that she contributed to her dismissal through her own culpable conduct, reducing the basic and compensatory awards by 75%. Additionally, there was a 50% likelihood she would have been dismissed in any event, so the compensatory award was further reduced under the Polkey principle.
- Total compensation: £1,995.79
- Basic award: reduced by 75% for contributory conduct (exact figure not specified)
- Compensatory award: reduced by 75% for contributory conduct and then by 50% for Polkey (exact figure not specified)
Lessons & takeaways
- If you contributed to your dismissal through your own actions, your compensation can be significantly reduced – in this case by 75%.
- Even if a dismissal is unfair, the tribunal may reduce compensation if it thinks you would have been dismissed anyway (a Polkey reduction).
- Representing yourself in a tribunal is possible, but having professional representation might help present your case more effectively.
What this case shows in practice
This case illustrates how even a successful unfair dismissal claim can result in a relatively small award when the employee's own conduct is a factor. The former employee of Bryn Labour Club was found to have been unfairly dismissed, but the tribunal applied two significant reductions: 75% for her culpable conduct, and a further 50% for the chance she would have been dismissed anyway. The final award of £1,995.79 is a fraction of what it might have been.
What the losing side could have done differently
For the employer, the dismissal was found to be unfair, suggesting that the process or reasoning was flawed. Bryn Labour Club could have ensured a fair procedure, such as following a proper disciplinary process and considering alternatives to dismissal. For the employee, her own conduct contributed to the dismissal, so being aware of how her actions might be viewed could have helped avoid the reduction.
Why the result matters for similar claims
This case is a reminder that unfair dismissal compensation is not automatic and can be heavily reduced. Employees pursuing claims should be prepared for the tribunal to scrutinise their own behaviour and the likelihood of dismissal regardless. Employers should note that even if an employee is partly at fault, a flawed dismissal process can still lead to a finding of unfairness, albeit with reduced compensation.
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