Mr D Coppinger and Mr J McInerney v P.J. Carey (Contractors) Limited — 2025

The Claimants, Mr Coppinger and Mr McInerney, brought complaints of unfair dismissal and wrongful dismissal against P.J. Carey (Contractors) Limited following a meeting on 24 June 2024 at which the Respondent confronted them about a multi-million pound loss on the Riverside Waste to Energy project, for which the Respondent considered them responsible. The Claimants' primary case was that they had been expressly dismissed at that meeting; in the alternative they alleged constructive dismissal arising from the conduct of the meeting, subsequent events and what they described as a sham investigation, in response to which they resigned by letters dated 9 July 2024.

The Tribunal found that the complaints of unfair dismissal were well-founded because the dismissals were procedurally unfair. However, the Tribunal also found that there was a 100% chance the Claimants would have been fairly dismissed in any event had a fair process been followed, applying a 100% Polkey reduction. The Tribunal further found that the Claimants caused or contributed to their dismissals by culpable and blameworthy conduct, namely a long-standing and extreme failure to scrutinise the financial reporting on the Riverside project in accordance with their respective roles, which the Tribunal characterised as grossly negligent. It therefore considered it just and equitable to reduce both the basic award and the compensatory award payable to each Claimant by 100%.

The complaints of wrongful dismissal were dismissed. The Tribunal found that the Claimants' conduct amounted to gross misconduct and that the Respondent was therefore entitled to terminate their employment without notice, so no notice pay was due.