Issues of Polkey and contributory conduct can still be considered, with a subsequent reduction in compensation, even where a claimant was "automatically" unfairly dismissed, for example due to whistle-blowing.

Audere specialises in decontamination equipment, with its clients being medical providers. Mr Sanderson was a field based technician working predominantly into the NHS, whom the Employment Tribunal found to be a, 'challenging employee and on occasion (was) confrontational.'