Claimant v Common Edge Healthcare Limited
Outcome
Individual claims
By consent, it is declared that the Claimant was unfairly dismissed. The parties agreed that the dismissal was procedurally or substantively unfair, and the tribunal made a declaration accordingly.
The claim of wrongful dismissal (breach of contract) was dismissed. The tribunal found that the respondent was entitled to dismiss without notice due to the claimant's conduct, meaning there was no breach of contract.
Facts
Mr Holmes was employed by Common Edge Healthcare Limited. He was dismissed in circumstances where both parties agreed the dismissal was unfair. The tribunal found evidence of conduct by the claimant before dismissal which warranted a 50% reduction in the basic award. The respondent successfully defended the wrongful dismissal claim, establishing that the claimant's conduct was sufficiently serious to justify summary dismissal.
Decision
The tribunal declared by consent that the claimant was unfairly dismissed. A basic award of £3,088.80 was made, reduced by 50% for contributory conduct. No compensatory award was made as the tribunal found it was not just and equitable to do so. The wrongful dismissal claim was dismissed, indicating the tribunal accepted the respondent was entitled to dismiss without notice.
Practical note
Even where unfair dismissal is established, serious misconduct can eliminate compensatory awards entirely on just and equitable grounds, and may justify summary dismissal defeating a wrongful dismissal claim while still reducing the basic award by 50%.
Award breakdown
Adjustments
The basic award was reduced by 50 per cent because of the conduct of the Claimant before dismissal
Case details
- Case number
- 6021051/2024
- Decision date
- 19 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- self
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister