Claimant v Tesco Stores Limited
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed. However, the tribunal determined that the claimant's own conduct contributed significantly to the dismissal, warranting a 50% reduction in compensation. The dismissal was procedurally or substantively unfair but the claimant bore substantial responsibility for the circumstances leading to it.
Facts
Mr Ganta was employed by Tesco Stores Limited and was dismissed. The case proceeded to a full merits hearing over five days in January 2024 via video link at the Birmingham tribunal. The judgment was reached by consent between the parties regarding both liability and the quantum of compensation.
Decision
The tribunal found that the claimant was unfairly dismissed but that he contributed 50% to his dismissal through his own conduct. By consent of both parties, compensation was agreed at £5,371.50, reflecting the 50% contributory fault reduction.
Practical note
Even where unfair dismissal is established, significant contributory conduct by the employee can result in a substantial reduction in compensation, in this case by half.
Award breakdown
Adjustments
The claimant contributed 50% to his dismissal through his own conduct
Case details
- Case number
- 1308463/2023
- Decision date
- 30 January 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep