Claimant v Lenore Specialist Care Ltd t/a Siena Court
Outcome
Individual claims
The tribunal found the claimant was dismissed but the respondent failed to follow a fair dismissal procedure. The dismissal was therefore procedurally unfair under s.94 Employment Rights Act 1996.
The tribunal found that the dismissal was not wrongful, meaning the respondent was entitled to dismiss without notice because the claimant's conduct amounted to a repudiatory breach of contract.
Facts
The claimant was dismissed by the respondent, a specialist care provider. The dismissal was related to the claimant's conduct prior to termination. While the respondent had grounds for dismissal based on the claimant's behaviour, they failed to follow a fair dismissal procedure. The claimant brought claims for unfair and wrongful dismissal.
Decision
The tribunal found the dismissal was procedurally unfair but made no award because the claimant would have been fairly dismissed if proper procedure had been followed (100% Polkey reduction) and his conduct was entirely to blame (100% contributory fault). The wrongful dismissal claim failed because the conduct justified summary dismissal.
Practical note
A finding of unfair dismissal does not guarantee compensation where the employee's culpable conduct means they would have been dismissed anyway and contributed wholly to their own dismissal.
Adjustments
The claimant would have been fairly dismissed if a fair procedure had been followed, resulting in a 100% reduction of the compensatory award
The tribunal found the claimant's own conduct prior to dismissal contributed 100% to his dismissal, reducing both basic and compensatory awards to zero
Legal authorities cited
Statutes
Case details
- Case number
- 6007479/2024
- Decision date
- 16 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No