Unfair dismissal found but compensation cut by 10% for employee's own conduct
A former employee was unfairly dismissed by Tesco, but the tribunal reduced his compensation by 10% because his own conduct contributed to the dismissal. Discrimination claims were dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by Tesco Stores Limited.
- The claimant was dismissed by the respondent.
- The claimant brought claims of unfair dismissal, age discrimination, sex discrimination, and disability discrimination.
- The disability discrimination and one sex discrimination claim were struck out before the final hearing.
- The tribunal found the dismissal was unfair.
- The claimant contributed to his dismissal by 10%.
Timeline
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Preliminary hearing
Employment Judge Feeney heard the respondent's application to strike out or for a deposit order. Some claims were struck out.
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Strike out judgment
Employment Judge Feeney issued a judgment striking out disability discrimination and one sex discrimination claim.
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Final hearing (day 1)
The final hearing commenced before Employment Judge Dunlop and members.
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Final hearing (last day) and judgment
The tribunal found the claimant was unfairly dismissed, but dismissed age and sex discrimination claims. A 10% contributory fault reduction was applied. Remedy hearing listed for 10 October 2023.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and whether he was discriminated against on grounds of age, sex, or disability.
The outcome
The tribunal found that the employee was unfairly dismissed by Tesco Stores Limited. However, the employee's own conduct contributed to the dismissal, so a 10% reduction will be applied to both the basic and compensatory awards. The claims of age discrimination and sex discrimination were dismissed. A remedy hearing has been listed to determine the final compensation amount.
Lessons & takeaways
- If you are bringing an unfair dismissal claim, be aware that any contributory conduct on your part can reduce your compensation, even if the dismissal is found unfair.
- Discrimination claims can be struck out early if they have no reasonable prospect of success, so it is important to have strong evidence from the outset.
- Representing yourself in a tribunal is possible, but having legal representation can significantly improve your chances, especially in complex cases involving multiple claims.
What this case shows in practice
This case illustrates how an employee can succeed in an unfair dismissal claim even when their own conduct played a part in the decision to dismiss. The former employee, who represented himself, was able to persuade the tribunal that Tesco's decision to dismiss him was unfair. However, the tribunal also found that his conduct contributed to the dismissal, which will reduce any compensation he receives by 10%.
What the losing side could have done differently
Tesco could have avoided the unfair dismissal finding by ensuring a fairer process. The tribunal's decision suggests that the employer's handling of the disciplinary process was flawed. For employees, this case shows the importance of maintaining a clear record of events and any procedural errors by the employer.
Why the result matters for similar claims
This case is a reminder that even when a dismissal is found unfair, compensation can be reduced if the employee contributed to the situation. It also highlights the difficulty of succeeding in discrimination claims without strong evidence. The employee's disability discrimination and one sex discrimination claim were struck out early, leaving only the unfair dismissal claim to succeed.
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