Unfair dismissal claim succeeds despite 15% reduction for employee conduct
A former employee has been awarded £26,554 after the tribunal found McFarlane Telfer Ltd unfairly dismissed them, though a 15% reduction was applied for contributory conduct.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed by the respondent.
- The claimant was dismissed.
- The tribunal found the dismissal was unfair.
- A 15% reduction was applied for contributory conduct.
- No Polkey reduction was applied.
Timeline
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Hearing day 1
First day of the liability hearing.
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Hearing day 2
Second day of the liability hearing.
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Hearing day 3
Third day of the liability hearing.
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Hearing day 4
Fourth day of the liability hearing.
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Hearing day 5
Final day of the liability hearing; judgment on liability given orally.
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Remedy hearing
Hearing to determine remedy; judgment awarding £26,554.18.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and, if so, what remedy was appropriate, including whether any reduction should be made for contributory fault or under the Polkey principle.
The outcome
The tribunal found that the claimant was unfairly dismissed by McFarlane Telfer Ltd. No Polkey reduction was applied, meaning the tribunal did not find that the employee would have been dismissed anyway. However, a 15% reduction was made for contributory conduct, reflecting the employee's own fault in the dismissal.
Compensation breakdown:
- Basic award: £3,426
- Compensatory award: £23,128.18 (reduced by 15% from a higher figure)
- Total: £26,554.18
Lessons & takeaways
- If you contributed to your own dismissal, any compensation you receive may be reduced by a percentage to reflect your fault.
- A Polkey reduction is not automatic—the employer must show that a fair dismissal would have occurred anyway.
- Even with a contributory conduct reduction, a successful unfair dismissal claim can still result in a significant award.
This case shows that even when an employee's own conduct plays a part in their dismissal, they may still succeed in an unfair dismissal claim—but the compensation can be reduced.
What happened
The former employee was dismissed by McFarlane Telfer Ltd and brought a claim for unfair dismissal. The tribunal found that the dismissal was unfair, meaning the employer did not follow a fair process or have a valid reason. However, the tribunal also found that the employee's own conduct contributed to the dismissal, so it reduced the compensatory award by 15%.
What the employer could have done differently
McFarlane Telfer Ltd could have avoided the unfair dismissal finding by following a proper procedure, such as conducting a fair investigation, giving the employee a chance to respond, and considering alternatives to dismissal. The contributory conduct reduction suggests the employee was not entirely blameless, but the employer's failure to act fairly was the primary reason for the claim succeeding.
Why this matters
This case highlights that unfair dismissal claims are not all-or-nothing. Tribunals can reduce awards for contributory fault, but employees can still receive substantial compensation. It also reinforces that employers cannot rely on an employee's misconduct to justify a flawed dismissal process—they must still act reasonably.
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