In the case of Allen v Queen Mary University of London, a professor at the Queen Mary University of London was awarded compensation for unfair dismissal, despite the fact that he was partly to blame for losing his job.
The professor, Dr Allen, fell out with his manager over plans to restructure the department. Dr Allen, along with another colleague, published a letter which criticised his manager’s plans in a respected academic journal. This letter had a significant negative impact on the reputations of his manager and other colleagues, and was misleading, an Employment Tribunal (ET) found.
Dr Allen went on sabbatical leave. When he returned to work, the teaching posts he had previously held at the university had been cancelled and he was offered alternative work. Dr Allen refused to do this and instead made a formal grievance against the university. After an investigation and disciplinary process, he was dismissed from employment.
The case went to an Employment Tribunal, which found that his dismissal was unfair as the university had not followed correct procedure. It had not consulted Dr Allen properly and had delayed dealing with his grievance. However, as Dr Allen’s own actions had contributed to his dismissal, they did not award him compensation.
De Allen appealed against the decision. The Employment Appeal Tribunal (EAT) found in his favour, stating that the original tribunal had not given good enough reasons for their decision, and the university’s failure to follow procedure was enough to award him compensation. They found that both sides were at fault, and Dr Allen was not completely to blame for losing his job.
The EAT found that Dr Allen should receive compensation, but this would be reduced by 25% as he could have been fairly dismissed if the university had followed procedure, and a further reduction of one third to reflect his own fault.
This case highlights the importance of employers ensuring that proper disciplinary and dismissal procedures are followed from the outset of an issue, to reduce the risk of problems occurring later in the process.
Nelsons have a team of specialist Employee Rights Solicitors that can help and guide you through similar circumstances. For more information, please contact us or call 0800 024 1976.