Unfair dismissal succeeded but no compensation due to contributory conduct
A former employee won his unfair dismissal claim but received no compensation after the tribunal found his own conduct wholly caused the dismissal. He was awarded £439.25 for unpaid holiday pay.
1 min read · Last updated 18 May 2026
Key facts
- The claimant's claim for unpaid holiday pay on termination was not resisted and succeeded.
- The claimant's claim of unfair dismissal was not resisted but succeeded with no compensation due to contributory conduct.
- The claimant's claim for unlawful deductions from wages was dismissed as out of time.
- The respondent was ordered to pay £439.25 for holiday pay within 28 days.
Timeline
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Hearing and judgment
Employment Judge Buzzard heard the case via video and issued judgment on the same day.
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Judgment sent to parties
The written judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, whether unlawful deductions were made from his wages, and whether he was entitled to unpaid holiday pay on termination.
The outcome
The tribunal decided:
- The unfair dismissal claim succeeded, but the claimant was found to have fully caused his own dismissal by his contributory conduct, so no compensation was awarded.
- The claim for unpaid holiday pay on termination was not resisted and succeeded, with an award of £439.25.
- The claim for unlawful deductions from wages was dismissed as out of time.
Compensation breakdown:
- Holiday pay: £439.25
- Unfair dismissal: £0 (due to 100% contributory conduct)
Lessons & takeaways
- Even if you win an unfair dismissal claim, your compensation can be reduced to zero if the tribunal finds your own conduct caused the dismissal.
- Claims for unlawful deductions from wages must be brought within strict time limits – check the deadline carefully.
- Unpaid holiday pay on termination is a separate claim that may succeed even if other claims fail or are reduced.
- If you are representing yourself, be aware that the tribunal will still apply legal principles like contributory fault strictly.
What this case shows in practice
This case illustrates that winning an unfair dismissal claim does not guarantee compensation. The former employee succeeded in proving his dismissal was unfair, but the tribunal found that his own conduct was the sole cause. As a result, he received nothing for the unfair dismissal itself. However, he was awarded £439.25 for unpaid holiday pay, which the employer did not contest.
What the employer could have done differently
Heatrod Elements Ltd did not resist either the unfair dismissal or holiday pay claims. By not defending the unfair dismissal claim, they accepted the dismissal was unfair. If they had presented evidence to show a fair process, they might have avoided the finding of unfairness. However, the contributory conduct finding limited their financial exposure.
Why the result matters
This case is a reminder that contributory conduct can wipe out compensation entirely. Employees should be aware that their own actions can be scrutinised. Employers should note that even if a dismissal is procedurally unfair, they may still avoid paying compensation if they can show the employee's conduct was a substantial cause. The holiday pay award shows that such claims are often straightforward and should be paid promptly to avoid tribunal claims.
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