This decision addresses the limits of reducing unfair dismissal compensation to nil based on alleged contributory conduct.
Ms Kesheva worked as a door supervisor. Following an argument at work, she left mid-shift and was dismissed for gross misconduct without any investigation or disciplinary procedure. The employment tribunal found that the dismissal was unfair.
Despite that finding, the tribunal reduced both the basic and compensatory awards to zero, concluding that Ms Kesheva’s failure to telephone her employer after leaving amounted to gross misconduct.
The Employment Appeal Tribunal held that the tribunal had erred. On its own findings, Ms Kesheva had informed her team leader that she was leaving, and there was no policy requiring additional telephone contact. In those circumstances, the conduct relied upon could not amount to gross misconduct.
The decision confirms that compensation reductions depend on properly established misconduct. Clear policies and proportionate assessment of conduct remain central to defending unfair dismissal claims.