An employment tribunal has ruled that it is not required to reduce compensation awards despite claimants’ contributory conduct in an automatic unfair dismissal claim.
In the case of Keirle and others v Notaro Homes, several claimants were dismissed by the employer, who justified the action by citing the claimants’ social media posts. However, the claimants argued that the actual reason for their dismissal was due to them having made protected disclosures (whistleblowing), and they pursued claims for automatic unfair dismissal.
The Employment Tribunal found in favour of the claimants, stating that while the claimants’ social media posts were blameworthy, the real motive behind their dismissal was the protected disclosures they had made. The Tribunal determined that the social media posts were merely a cover for the dismissals. As a result, the claimants’ claims were successful.
When considering the amount of compensation, the Tribunal chose not to reduce the compensatory awards despite the contributory conduct related to the social media activity. The employer appealed, contending that a reduction should have been made when contributory conduct was found.
The Employment Appeal Tribunal dismissed the appeal, ruling that while contributory conduct often leads to a reduction in compensation, there is no legal requirement for such a reduction in every case.
According to section 123(6) of the Employment Rights Act 1996, the Tribunal had to make a reduction by “such proportion that is just and equitable.” In this instance, the Tribunal decided it was fair not to reduce the compensatory award at all, which was within its discretion.
Contact an Employment Tribunal Claims Specialist
If you’re looking for advice in relation to an employment tribunal claim, whether as an employer or an employee, our experts at Farleys are on hand to help. For a confidential discussion about your claim contact us today on 0845 287 0939 or get in touch through our online contact form.
