Claimant v Lidl Great Britain Limited
Outcome
Individual claims
The tribunal found the dismissal to be unfair. However, a 50% contributory fault reduction was applied to both awards, indicating the claimant's conduct before dismissal contributed to the dismissal, though the respondent failed to follow a fair procedure or otherwise act within the range of reasonable responses.
The tribunal dismissed the breach of contract claim. No written reasons are provided in this judgment summary, but the claim for damages for breach of contract was not established on the evidence.
The tribunal found the claimant was entitled to payment for one day of accrued but untaken holiday entitlement at his weekly rate of pay, totalling £238.50 gross.
Facts
Mr Collins was employed by Lidl Great Britain Limited and was dismissed. He brought claims for unfair dismissal, breach of contract, and holiday pay. The hearing took place over two days by video link. The tribunal heard evidence and submissions from the unrepresented claimant and from counsel representing Lidl.
Decision
The tribunal found the dismissal to be unfair but applied a 50% reduction to both basic and compensatory awards due to the claimant's contributory conduct before dismissal. The breach of contract claim failed. The claimant succeeded in recovering one day's holiday pay at £238.50 gross.
Practical note
Even where dismissal is unfair, tribunals can substantially reduce awards where the employee's pre-dismissal conduct contributed to the decision to dismiss, here resulting in a 50% reduction across all unfair dismissal compensation.
Award breakdown
Adjustments
Both the basic award and compensatory award were reduced by 50% to reflect the claimant's conduct before dismissal
Case details
- Case number
- 6005324/2025
- Decision date
- 5 September 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- No