Contributory Fault

TigercubGW Leave a Comment

Conduct by an employee that may lead to a reduction in the amount awarded by an employment tribunal for unfair dismissal: •

Where the employee’s action(s) caused or contributed to any extent to the dismissal the compensatory award shall be reduced by such proportion as is just and equitable (section 123(6), ERA 1996). •
Where the employee’s conduct before the dismissal (or notice of dismissal, where given) was such that it would be just and equitable to reduce the basic award to any extent, it shall be reduced to that extent (section 122(2), ERA 1996). A reduction for contributory fault can affect the basic award and/or the compensatory award, and may result in no award or a percentage reduction in award. The tribunal must look at the claimant’s conduct in isolation and not be influenced by its assessment of the respondent’s conduct.

The following two tabs change content below.



Latest posts by TigercubGW (see all)

    Leave a Reply

    Your email address will not be published. Required fields are marked *