Claimant v Nicholls Countryside Construction Limited
Outcome
Individual claims
The tribunal found the complaint in respect of unpaid holiday pay was not well-founded and dismissed it. The judgment does not provide detailed reasoning but the claim failed on its merits.
The tribunal found the complaint in respect of deductions from pay was not well-founded and dismissed it. The claim failed on its merits after a full hearing.
The tribunal found the claimant was unfairly dismissed. However, both the basic and compensatory awards were reduced by 60% for contributory conduct under sections 122(2) and 123(6) ERA, indicating the claimant contributed substantially to his dismissal.
Facts
Mr John brought claims against his former employer Nicholls Countryside Construction Limited for unfair dismissal, unpaid holiday pay and unlawful deductions from wages. The case was heard over two days by video. The claimant represented himself while the respondent was represented by counsel instructed by rradar Limited. The tribunal heard evidence and submissions on all three claims.
Decision
The tribunal dismissed the holiday pay and unlawful deductions claims as not well-founded. The unfair dismissal claim succeeded, but the tribunal found the claimant contributed significantly to his dismissal, reducing both the basic and compensatory awards by 60%. The total award was £2,134.61, comprising a reduced basic award of £1,929.00 and a minimal compensatory award of £205.61 representing just one week's net pay after reductions.
Practical note
Even where a dismissal is found to be procedurally unfair, substantial contributory conduct by the employee can result in a 60% reduction to awards, leaving only minimal compensation despite the claim succeeding.
Award breakdown
Adjustments
Both the basic award and compensatory award were reduced by 60% under ERA sections 122(2) and 123(6) respectively for the claimant's contributory conduct to his dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 2301969/2024
- Decision date
- 2 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No