Claimant v F W Marsh Electrical and Mechanical Ltd
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed because the respondent failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. However, the tribunal determined that a fair disciplinary process would inevitably have resulted in dismissal, and the dismissal was entirely caused by the claimant's own culpable actions.
Facts
Benjamin Mercer was dismissed by F W Marsh Electrical and Mechanical Ltd. The respondent failed to follow proper ACAS disciplinary procedures. However, the claimant's conduct was such that he was entirely culpable for his dismissal. The tribunal heard the case remotely over two days in January 2025.
Decision
The tribunal found the dismissal was procedurally unfair due to ACAS Code breaches and awarded a 10% uplift. However, both a 100% Polkey reduction (as fair dismissal was inevitable) and 100% contributory fault reduction were applied, resulting in no monetary award despite the claim succeeding.
Practical note
Even where unfair dismissal is established and ACAS uplift awarded, a claimant may receive nothing if Polkey and contributory fault reductions reach 100%.
Adjustments
A fair disciplinary process would inevitably have resulted in the claimant's dismissal and it is just and equitable to reduce the compensatory award by 100%
The claimant's dismissal was entirely caused or contributed to by his own culpable actions
The respondent 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
Case details
- Case number
- 6002245/2024
- Decision date
- 24 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No