Claimant v Mitie Limited
Outcome
Individual claims
The tribunal found the claimant was unfairly dismissed for procedural reasons under sections 95 and 98 Employment Rights Act 1996. The respondent failed to follow a fair procedure in conducting the dismissal. However, the substantive reason for dismissal was sound.
Facts
Mr Lawson was dismissed by Mitie Ltd following a flawed procedure. The tribunal heard evidence over two days via video hearing. The claimant represented himself while the respondent was represented by counsel. The dismissal was found to be procedurally unfair but the claimant's conduct contributed significantly to the situation.
Decision
The tribunal found the dismissal was unfair due to procedural failings, but applied a 100% Polkey reduction finding the claimant would inevitably have been fairly dismissed had proper procedure been followed. Alternatively, the tribunal reduced both basic and compensatory awards to nil due to 100% contributory fault arising from the claimant's blameworthy conduct.
Practical note
Even where unfair dismissal is established on procedural grounds, a tribunal can reduce compensation to nil through either 100% Polkey reduction or 100% contributory fault where the employee's conduct made dismissal inevitable.
Adjustments
100% chance that the claimant would have been fairly dismissed if a fair procedure had been followed, resulting in nil compensation
Tribunal found claimant caused or contributed to the dismissal by blameworthy conduct and reduced both compensatory and basic awards by 100% on grounds of just and equitable
Legal authorities cited
Statutes
Case details
- Case number
- 6020377/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No