Unfair dismissal for conduct: award reduced by 30% for contributory fault
A former Openreach employee won his unfair dismissal claim but saw his compensation cut by 30% because his own conduct contributed to his sacking. The tribunal awarded £42,845.56.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #contributory-conduct
- #disability-discrimination-dismissed
- #remedy-hearing
Key facts
- The claimant was employed by Openreach Limited.
- The claimant was dismissed by the respondent.
- The tribunal found the claimant was not a disabled person under the Equality Act 2010.
- The claimant's disability discrimination claims were dismissed.
- The claimant's unfair dismissal claim succeeded.
- The compensatory award was reduced by 30% for contributory conduct.
Timeline
-
Claim presented
The claimant presented his claim to the employment tribunal.
-
Liability hearing day 1
The liability hearing commenced via Cloud Video Platform.
-
Liability hearing day 2
The hearing continued.
-
Liability hearing day 3
The hearing continued.
-
Liability hearing day 4
The hearing continued.
-
Liability judgment
The tribunal issued its judgment on liability, finding unfair dismissal but dismissing disability discrimination claims.
-
Remedy hearing
The tribunal held a remedy hearing and awarded £42,845.56, reduced by 30% for contributory conduct.
The legal issue
The tribunal had to decide whether the former employee was unfairly dismissed for conduct reasons, and if so, whether his compensation should be reduced because he contributed to his dismissal.
The outcome
The tribunal found that the former employee was unfairly dismissed by Openreach Limited. However, it also decided that his own conduct contributed to the dismissal, so it reduced the compensatory award by 30%.
Compensation breakdown:
- Basic award: £11,233.60
- Compensatory award: £31,611.96
- Total award: £42,845.56
- Reduction for contributory conduct: 30% (already applied to the figures above)
Lessons & takeaways
- Even if you win an unfair dismissal claim, your compensation can be reduced if the tribunal finds your own conduct contributed to your dismissal.
- A 30% reduction for contributory conduct is significant — it means the tribunal found the employee bore substantial responsibility for the dismissal.
- Keep clear records of any conduct issues raised by your employer and how you responded — this can help argue against a contributory fault finding.
- If you have a disability, ensure you have medical evidence to support your claim; failing to prove disability status can lose you discrimination claims.
What this case shows in practice
This case illustrates how an employee can win an unfair dismissal claim but still face a significant reduction in compensation because their own actions contributed to the dismissal. The former employee, who worked for Openreach Limited, was dismissed for conduct reasons. The tribunal found the dismissal was procedurally unfair, but also concluded that the employee's behaviour played a part in his sacking.
What Openreach could have done differently
Openreach might have avoided the unfair dismissal finding by following a fairer disciplinary process. However, the 30% reduction for contributory conduct suggests the tribunal believed the employee was not blameless. Employers should ensure they conduct thorough investigations and give employees a chance to respond before dismissing for conduct.
Why the result matters for similar claims
This case is a reminder that unfair dismissal compensation is not automatic — it can be reduced if the employee contributed to their dismissal. Employees should be aware that their own conduct during the employment relationship can affect the final award, even if they win their case. The disability discrimination claims were dismissed because the employee failed to prove he was disabled under the Equality Act 2010, highlighting the importance of gathering medical evidence early.
Similar cases
Security officer unfairly dismissed after employer mistakenly believed revoked licence meant no legal work
A security officer with four years' service was unfairly dismissed after G4S mistakenly believed he could not legally work following his SIA licence revocation. The tribunal awarded £16,632.84.
Former employee unfairly dismissed but gets only basic award after 70% contributory conduct deduction
A Watford tribunal found Mitie Ltd unfairly dismissed a former employee but reduced his basic award by 70% for his own conduct and made no compensatory award due to a 100% Polkey reduction. He received £1,298.10.
Mailman with 32 years' service unfairly dismissed over duplicate barcode incident
A mailman with 32 years of unblemished service was unfairly dismissed by Royal Mail after a customer complaint about a duplicate barcode. The tribunal found the investigation and disciplinary process flawed, and reduced compensation by 20% for his own conduct.
Unfair dismissal win: ACAS Code breach and contributory conduct
A former employee was unfairly dismissed by UK Windows & Doors Group Limited. The tribunal increased compensation for the company's failure to follow the ACAS Code but reduced it due to the employee's own blameworthy conduct.