Mr K O’Callaghan v Mersey Docks and Harbour Company Limited — 2021

At a hearing in Liverpool on 2 and 3 September 2021, before Employment Judge Horne, the tribunal upheld the claimant's breach of contract claim and unfair dismissal claim against Mersey Docks and Harbour Company Limited. It found that the respondent breached the claimant's contract of employment by failing to give notice of termination, and that the claimant was unfairly dismissed.

For remedy purposes, the tribunal held that if the respondent had acted fairly the claimant would inevitably have been dismissed, but with notice. It found that notice of termination would have been given two working days later than the claimant was actually dismissed. The tribunal also directed that any basic award for unfair dismissal should be reduced by 25% because the claimant engaged in blameworthy conduct on 24 February 2020, but not because of any blameworthy conduct leading to the final written warning.

The tribunal made no separate reduction for contributory conduct to any compensatory award. No monetary figures were set out in the judgment, and the written reasons note that reasons were given orally at the hearing.