Claimant v West Midlands Accident Repairs Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair and awarded a basic award. However, compensatory award was reduced to zero due to 100% contributory fault, indicating the claimant's blameworthy conduct caused the dismissal but the procedure was flawed.
The tribunal found the respondent failed to pay the claimant's contractual notice pay. The claimant was entitled to two weeks' notice pay which was not provided, constituting a breach of contract.
Facts
The claimant was dismissed by the respondent company, West Midlands Accident Repairs Limited. The claimant brought claims for unfair dismissal and breach of contract relating to notice pay. The case was heard remotely by CVP with the claimant appearing in person and the respondent represented by Peninsula solicitors.
Decision
The tribunal found the dismissal was procedurally unfair but that the claimant's own blameworthy conduct entirely caused the dismissal, justifying a 100% reduction in compensatory award. The claimant was awarded a basic award of £2,376 and £816 in notice pay (grossed up for tax purposes).
Practical note
Even where a dismissal is found to be unfair, 100% contributory fault can result in zero compensatory award, though the basic award and contractual entitlements remain payable.
Award breakdown
Adjustments
The claimant caused or contributed to the dismissal by blameworthy conduct and the tribunal found it just and equitable to reduce the compensatory award by 100%
Case details
- Case number
- 1300016/2025
- Decision date
- 22 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No