Outcome
Individual claims
The tribunal found the claimant's dismissal was procedurally and/or substantively unfair. However, the tribunal concluded there was significant contributory conduct by the claimant that warranted a 70% reduction in compensation. The respondent failed to follow a fair dismissal process.
The tribunal was not satisfied that the respondent's treatment of the claimant amounted to unfavourable treatment because of something arising in consequence of disability, or that such treatment could not be justified as a proportionate means of achieving a legitimate aim.
The tribunal found that the respondent's conduct did not constitute unwanted conduct related to disability that had the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
The claimant Mr Minns was dismissed by Carafax Ltd and brought claims for unfair dismissal, discrimination arising from disability, and disability-related harassment. The case was heard over three days in November 2025 at Hull Employment Tribunal before Employment Judge Maidment sitting alone.
Decision
The tribunal found the dismissal was unfair but that the claimant bore significant responsibility for his dismissal through his own conduct. Compensation was reduced by 70% to reflect this contributory fault. The disability discrimination and harassment claims were not made out and were dismissed.
Practical note
Even where dismissal is found to be unfair, substantial contributory conduct by an employee can justify a 70% reduction in both basic and compensatory awards, significantly limiting recovery.
Award breakdown
Adjustments
Both the basic award and compensatory award were reduced by 70% to reflect the claimant's conduct prior to dismissal
Case details
- Case number
- 6005283/2024
- Decision date
- 14 November 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- Carafax Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No