What is Contributory Fault?

In determining the compensatory award for unfair dismissal cases (including dismissal for making a protected disclosure under s 103A Employment Rights Act 1996), the Tribunal has a duty to consider the issue of contributory fault in any case where it is possible that there was blameworthy conduct on the part of the employee which caused or contributed his/her dismissal. Where the Tribunal makes a finding of contributory fault, this may result in the claimant’s compensatory award being reduced on a proportion the Tribunal considers just and equitable.

The contribution should be assessed broadly and should generally fall within the following categories:

Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.

Please contact us if you require legal advice.