Cases1401165/2024

Claimant v OVO Energy Ltd

17 July 2025Before Employment Judge FergusonBristolin person

Outcome

Partly successful£19,423

Individual claims

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal to be well-founded and concluded that the claimant was unfairly dismissed. However, the claimant caused or contributed to the dismissal by blameworthy conduct, leading to a one-third reduction in both compensatory and basic awards.

Facts

Mr Ajala was employed by OVO Energy Ltd and was dismissed on 21 December 2023. He brought a claim of unfair dismissal which proceeded to a four-day full merits hearing in July 2025. The claimant was represented by a consultant and the respondent by counsel.

Decision

The tribunal found the dismissal to be unfair but held that the claimant had contributed to his dismissal by blameworthy conduct. Both the basic and compensatory awards were reduced by one third due to contributory fault, resulting in a total award of £19,423.38.

Practical note

Even where unfair dismissal is established, tribunals will apply significant reductions to awards where the claimant's own blameworthy conduct contributed to the dismissal, demonstrating the importance of employee conduct in determining remedy.

Award breakdown

Basic award£3,858
Compensatory award£15,565

Adjustments

Contributory fault33.33%

The claimant caused or contributed to the dismissal by blameworthy conduct and it was just and equitable to reduce both the compensatory award and basic award by one third because of the claimant's conduct before the dismissal.

Legal authorities cited

Statutes

Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
1401165/2024
Decision date
17 July 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
energy
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep