Claimant v Kisimul Group Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. However, the tribunal applied a 100% Polkey reduction finding there was a 100% chance she would have been fairly dismissed in any event, and reduced the basic award by 100% due to contributory conduct.
Facts
The claimant brought a complaint of unfair dismissal against her employer, Kisimul Group Limited. The tribunal found that the dismissal was procedurally unfair. However, the claimant had engaged in conduct prior to dismissal that warranted a reduction in any award. The tribunal determined that even with a fair procedure, the claimant would have been dismissed.
Decision
The tribunal found the dismissal was unfair but applied a 100% Polkey reduction on the basis that the claimant would have been fairly dismissed in any event. The basic award was reduced by 100% due to the claimant's conduct before dismissal. As a result, no compensation was awarded despite the finding of unfair dismissal.
Practical note
A finding of unfair dismissal does not guarantee compensation where there is a 100% chance of fair dismissal in any event and contributory conduct warrants full reduction of the basic award.
Adjustments
100% chance that claimant would have been fairly dismissed in any event
Just and equitable to reduce the basic award by 100% because of the claimant's conduct before the dismissal
Legal authorities cited
Case details
- Case number
- 2600401/2025
- Decision date
- 4 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No