Cases→1400247/2024

Claimant v Royal Mail Group Limited

24 January 2025Before Employment Judge David C. GardnerBristolremote video

Outcome

Partly successful£6,746

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claimant's complaint that he was unfairly dismissed to be well-founded. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. However, the dismissal was caused or contributed to by the claimant's culpable actions, resulting in a 70% reduction for contributory fault.

Facts

Dean McMullen was dismissed by Royal Mail Group Limited following a disciplinary process. The tribunal heard the case over two days via video hearing. The respondent was represented by a solicitor while the claimant represented himself. The tribunal found the dismissal to be unfair and that the respondent failed to follow the ACAS Code.

Decision

The tribunal upheld the unfair dismissal claim and awarded compensation totalling £6,746.26. A 5% ACAS uplift was applied for failure to follow proper procedures, but a 70% reduction was made for contributory fault due to the claimant's culpable actions. The award included basic award, compensatory award for loss of earnings, pension loss, travel expenses and loss of statutory rights.

Practical note

Even where an employee's conduct contributed significantly to their dismissal, procedural failures by the employer can still result in a finding of unfair dismissal, though awards will be substantially reduced for contributory fault.

Award breakdown

Basic award£10,403
Compensatory award£11,509
Pension loss£4,878
Loss of statutory rights£500

Adjustments

Contributory fault70%

The claimant's dismissal was caused or contributed to by his culpable actions and it was just and equitable to reduce the basic and compensatory awards by 70%

ACAS uplift+5%

The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures in respect of the Claimant's dismissal

Legal authorities cited

Statutes

ERA 1996 s.122(2)ERA 1996 s.123(6)TULRCA 1992 s.207A(2)

Case details

Case number
1400247/2024
Decision date
24 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
Royal Mail Group Limited
Sector
logistics
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No
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