Contributory fault

How your own conduct can reduce the compensation you receive

What is contributory fault in an employment tribunal claim?

Contributory fault means your own conduct contributed to your dismissal or harm. If the tribunal finds you partly responsible for the outcome (e.g., you behaved badly, broke a rule, or failed to follow procedures), they can reduce your compensation by up to 100%. It is a proportional reduction based on your degree of fault.

How much can compensation be reduced for contributory fault?

Anywhere from 0-100%. If the tribunal finds no fault on your part, there is no reduction. If they find you 20% responsible, compensation is cut by 20%. If they find you entirely responsible for the outcome (rare), compensation can be eliminated. The tribunal assesses fault proportionally based on the circumstances.

What conduct can lead to a contributory fault reduction?

Examples include: gross rudeness or abusive behavior during disciplinary meetings, refusing to follow reasonable employer instructions, lying during the process, conduct that breached the disciplinary policy yourself, or behaving in ways that contributed to the dismissal. The conduct must have genuinely contributed to the outcome, not just been unpleasant.

Does the burden of proof shift for contributory fault?

No. Unlike discrimination cases, there is no burden shift. The employer must prove (on the balance of probabilities) that you contributed to the harm. You are not required to prove your own innocence — the employer must prove your fault. However, if you accept you did something wrong, the tribunal may view it less favorably than if the employer had to prove it.

Can I be found 100% contributory fault and get nothing?

Theoretically yes, but it is very rare. The tribunal would have to find that you alone caused the dismissal and the employer bears no responsibility. For example, if you had a genuine breakdown and behaved so badly that dismissal was inevitable, even if the employer followed poor procedure. Complete denial is uncommon.

Is being dismissed for poor performance a contributory fault issue?

It can be. If you were dismissed for poor performance and the tribunal finds the dismissal unfair (e.g., due to lack of proper performance management), they may still reduce compensation if you did perform poorly. They might reduce it by 30-50% because you contributed to the problem. You still win the claim but with lower compensation.

Does admitting fault help or hurt my case?

Admitting genuine fault can help because it shows honesty and may lead to a smaller reduction than if the employer has to prove it. However, admitting to serious misconduct may strengthen the employer's defense. Discuss with your adviser whether to admit minor faults strategically or defend them fully.

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Employment Rights Act 1996