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:
- Employee wholly to blame for the dismissal (100% reduction);
- Employee largely to blame for the dismissal (75% reduction);
- Employer and employee equally to blame for the dismissal (50% reduction); and
- Employee slightly to blame for the dismissal (25% reduction).
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