Dismissed for misconduct: 80% reduction for blameworthy conduct
A former employee won her unfair and wrongful dismissal claims against Holland and Barrett, but an 80% reduction for contributory conduct cut her compensation to £3,407.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent.
- The claimant brought claims for direct race discrimination, unauthorised deductions, wrongful dismissal, and unfair dismissal.
- The tribunal upheld the claims for wrongful dismissal and unfair dismissal.
- The tribunal found the claimant contributed to her dismissal by blameworthy conduct, reducing damages by 80%.
- No Polkey reduction was applied.
- A remedy hearing was held on 10 January 2024, awarding total compensation of £3,407.26.
Timeline
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Claim presented
The claimant presented her claim to the tribunal.
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Liability hearing starts
The liability hearing commenced at London Central Employment Tribunal.
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Liability judgment
The tribunal issued its judgment upholding wrongful and unfair dismissal claims, dismissing race discrimination and unauthorised deductions claims, and ordering an 80% reduction for contributory conduct.
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Remedy hearing
The remedy hearing was held to determine compensation.
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Corrected remedy judgment
The corrected remedy judgment was issued, awarding £3,407.26 total.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed, wrongfully dismissed, subjected to direct race discrimination, and whether unauthorised deductions were made from her wages.
The outcome
The tribunal upheld the claims for wrongful dismissal and unfair dismissal, but dismissed the race discrimination and unauthorised deductions claims.
Compensation was reduced by 80% due to the employee's contributory conduct. No Polkey reduction was applied.
Compensation breakdown:
- Wrongful dismissal: £958.48
- Unfair dismissal: £2,221.68
- Total: £3,407.26
Lessons & takeaways
- If you are dismissed for misconduct, your own behaviour can significantly reduce any compensation you receive.
- Bringing multiple claims that are not upheld may weaken your overall case, but it does not automatically affect the successful claims.
- Even if you win your unfair dismissal claim, the tribunal can reduce your award if it finds you contributed to your dismissal.
- Representing yourself is possible, but having legal representation can help navigate complex issues like contributory conduct.
What this case shows
A former employee of Holland and Barrett Retail Ltd succeeded in her claims for unfair dismissal and wrongful dismissal, but saw her compensation slashed by 80% because the tribunal found that her own conduct contributed to her dismissal. The employee, who represented herself, also brought claims for direct race discrimination and unauthorised deductions, but those were dismissed.
What the employer could have done differently
While the employee's blameworthy conduct was a significant factor, the tribunal did not apply a Polkey reduction, meaning it found that even with a fair procedure, the employee would not have been dismissed in any event. This suggests that the employer's process was flawed, but the employee's own actions were the primary cause of her dismissal.
Why this matters
This case highlights the importance of the contributory conduct principle in unfair dismissal claims. Even when an employer gets the process wrong and the dismissal is unfair, the employee's own behaviour can dramatically reduce the compensation. For employees considering a claim, it is crucial to be aware that any blameworthy conduct will be taken into account. For employers, it reinforces the need to follow a fair procedure, but also to document any employee misconduct that may later be relied upon to reduce a potential award.
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