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Mullinger v DWP - reduction in unfair dismissal compensation on account of employee's contributory misconduct - EAT 9.2.07

An employment tribunal found that Mr Mullinger was unfairly dismissed by the DWP. It reduced both his basic and compensatory awards by 75% on account of his contributory fault. He appealed on the basis that in making the reduction the tribunal took into account "his reprehensible conduct as they called it after dismissal". Following the well established principle that post-termination conduct is irrelevant in assessing loss and therefore in assessing compensatory award, the EAT allowed his appeal and remitted the matter back for compensation to be reassessed.

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