Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal found that the claim succeeded in relation to the period from 25 January 2024 to 30 April 2024, representing a shortfall in gross pay in respect of the notice period amounting to £7,227.63. However, the claim failed in relation to the earlier period from 3 December 2023 to 24 January 2024.
The tribunal found the dismissal was unfair and awarded a basic award. However, the tribunal found contributory conduct by the claimant warranting a 15% reduction in both the basic award and compensatory award under s.122(2) and s.123(6) ERA respectively.
Facts
The claimant, Rikeshkumar Gurjar, worked for Royal Mail Group Limited for 16 years. He brought claims for unlawful deduction of wages for two periods (3 December 2023 to 24 January 2024, and 25 January 2024 to 30 April 2024) and unfair dismissal. The claimant was unrepresented while the respondent was represented by a solicitor advocate. The tribunal heard the case over three days by video.
Decision
The tribunal found that the unfair dismissal claim succeeded, but reduced the basic award by 15% for contributory conduct. The wages claim partly succeeded - the tribunal upheld the claim for the later period (25 January to 30 April 2024) relating to notice pay shortfall of £7,227.63, but rejected the claim for the earlier period. The compensatory award is to be determined at a remedy hearing, subject to the same 15% reduction.
Practical note
Even where unfair dismissal is established, tribunals will reduce awards for contributory conduct where the claimant's behaviour contributed to the dismissal, and separate remedy hearings may be needed to determine compensatory awards.
Award breakdown
Award equivalent: 28.2 weeks' gross pay
Adjustments
The tribunal found the claimant's conduct contributed to the dismissal, reducing both the basic award under s.122(2) ERA and the compensatory award under s.123(6) ERA by 15%
Legal authorities cited
Statutes
Case details
- Case number
- 3303480/2024
- Decision date
- 26 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Salary band
- £30,000–£40,000
- Service
- 16 years
Claimant representation
- Represented
- No