Claimant v Mid and West Wales Fire and Rescue Service
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. However, the claimant caused or contributed to the dismissal by blameworthy conduct, justifying a 40% reduction in compensation.
The complaint of wrongful dismissal was not well founded and was dismissed by the tribunal.
Facts
Mr R Thomas was employed by Mid and West Wales Fire & Rescue Service and was subsequently dismissed. He brought claims for both unfair dismissal and wrongful dismissal. The hearing took place over four days by video at Cardiff tribunal.
Decision
The tribunal found the unfair dismissal complaint well-founded but dismissed the wrongful dismissal claim. Both the basic and compensatory awards were reduced by 40% due to the claimant's contributory conduct before dismissal. No Polkey reduction was applied.
Practical note
Even where a dismissal is procedurally unfair, substantial contributory fault by the employee can significantly reduce compensation, while the wrongful dismissal claim failed suggesting the employer had grounds for summary dismissal.
Adjustments
The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award by 40%
Case details
- Case number
- 6015259/2024
- Decision date
- 8 December 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister