Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal found the dismissal was unfair. However, the claimant caused or contributed to the dismissal by blameworthy conduct, resulting in a 35% reduction to both the basic and compensatory awards on just and equitable grounds.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded and awarded the claimant net damages of £318.12.
The tribunal dismissed the claim of direct discrimination because of age, finding insufficient evidence to support the allegation of less favourable treatment on grounds of age.
The tribunal dismissed the claim of direct discrimination because of disability, finding the respondent's actions were not because of the claimant's disability but due to conduct issues.
The tribunal dismissed the claim of discrimination arising from disability. While the respondent accepted the claimant was disabled by reason of hypertension, COPD and sleep apnoea, the tribunal found the treatment was not because of something arising from disability.
Facts
The claimant was employed by Royal Mail Group Limited and was dismissed on 20 January 2024. He brought claims for unfair dismissal, breach of contract for notice pay, and discrimination on grounds of age and disability. The respondent accepted the claimant was disabled by reason of hypertension, COPD and sleep apnoea but disputed disability arising from mental health impairments.
Decision
The tribunal found the dismissal was unfair and that there was a breach of contract in relation to notice pay. However, the claimant's conduct contributed to his dismissal, resulting in a 35% reduction to both basic and compensatory awards. All discrimination claims failed and were dismissed.
Practical note
Even where an unfair dismissal claim succeeds, tribunals will make substantial reductions for contributory fault where the employee's blameworthy conduct contributed to the dismissal.
Award breakdown
Adjustments
The claimant caused or contributed to the dismissal by blameworthy conduct and it was just and equitable to reduce both the compensatory and basic awards by 35% because of the claimant's conduct before the dismissal.
Case details
- Case number
- 1800890/2024
- Decision date
- 13 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No