In the recent case of Ladrick Lemonious v Church Commissioners, the Employment Appeal Tribunal (“EAT”) reviewed the correct approach to reducing tribunal awards for unfair dismissal when a Claimant’s conduct is viewed as being a contributory factor in the dismissal.
The Claimant had over 36 years' service when he was dismissed from his post as a technical support worker for sending emails in the names of other employees, one of which wrongly implied that a colleague had committed a criminal offence. At the original tribunal, the dismissal was found to be procedurally unfair. The tribunal held that because of the Claimant's conduct, it would not be just and equitable to award him either a basic or a compensatory award.
The Claimant appealed and at the EAT he raised a number of grounds of appeal. The EAT dismissed his appeal and set out the following principles:
- a reduction of 100% for contributory conduct can be justified even if there were procedural failings by the employer, provided those procedural failings did not cause or contribute to the dismissal; and
- a tribunal may reduce the basic award to nil by virtue of the Claimant's conduct.
Kate Fretten, Employment Partner, says "This case is good news for employers as it demonstrates that, even if they have got something wrong during the dismissal procedure, if the Claimant’s conduct is viewed as being so bad that he/she brought about their own downfall, then the Claimant may walk away with nothing."
Get in touch if you need more information on this topic. You should find the other articles in June's employment newsletter of interest.
For a free initial meeting please call 01202 499255 and Kate or Paul will be happy to discuss any questions you may have.