Outcome
Individual claims
The tribunal found the dismissal to be procedurally unfair as the respondent failed to follow a fair procedure. However, the claimant's conduct contributed 100% to the dismissal, and had a fair procedure been followed, the claimant would have been dismissed in any event (Polkey 100%), resulting in no compensation being awarded.
Facts
Mr Wright was dismissed by Vistry Homes Limited, a construction company. The tribunal found that the dismissal was procedurally unfair. However, the claimant's conduct was found to have contributed significantly to the dismissal. The case involved a four-day hearing where the claimant represented himself and the respondent was represented by counsel.
Decision
The tribunal found the dismissal to be unfair but awarded no compensation. The claimant's conduct contributed 100% to the dismissal, reducing both basic and compensatory awards to nil. Additionally, the tribunal applied a 100% Polkey reduction, finding that even with a fair procedure the claimant would have been dismissed anyway.
Practical note
A finding of unfair dismissal does not guarantee compensation where the employee's conduct fully contributed to dismissal and a fair procedure would inevitably have led to the same outcome.
Adjustments
The tribunal found that had the respondent followed a fair procedure, the claimant would have been dismissed in any event, resulting in a 100% Polkey reduction
The tribunal found the claimant's conduct contributed to his dismissal, reducing both the basic award (s.122(2) ERA 1996) and compensatory award (s.123(6) ERA 1996) by 100%
Legal authorities cited
Statutes
Case details
- Case number
- 3305005/2024
- Decision date
- 1 October 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No