Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed. However, the claimant's conduct contributed to the dismissal, resulting in a 12.5% reduction in both the basic and compensatory awards for contributory fault.
The claimant's complaint that he was subject to detriments because of public interest disclosures was withdrawn and dismissed on withdrawal.
The claimant's complaint that he was dismissed because of public interest disclosures (whistleblowing) was withdrawn and dismissed on withdrawal.
Facts
Mr Gomes was employed by LHR Airports Ltd (Heathrow Airport). He was dismissed by the respondent. He brought claims for unfair dismissal and for detriments and dismissal relating to public interest disclosures (whistleblowing). The case was heard over three days in February 2025.
Decision
The tribunal found that the claimant was unfairly dismissed. However, the tribunal also found that the claimant's own conduct contributed to his dismissal, warranting a 12.5% reduction in any compensation awarded. The whistleblowing claims were withdrawn by the claimant during the hearing.
Practical note
Even where a dismissal is found to be unfair, a tribunal may reduce compensation for contributory fault where the employee's own conduct contributed to the dismissal.
Adjustments
Both the basic award and compensatory award will be reduced by 12.5% to take account of the claimant's contributory fault
Case details
- Case number
- 3304270/2023
- Decision date
- 15 July 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Name
- LHR Airports Ltd
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister