NRG Ltd
Case Summary
The claimant was dismissed for gross misconduct after causing an oil spill during a fuel delivery. The tribunal found the dismissal was procedurally unfair but that the claimant contributed to his dismissal by 50% due to his conduct.
Key Issues
- •misconduct - causing an oil spill
- •reasonable investigation
- •procedural fairness of dismissal
- •reasonableness of dismissal sanction
- •Polkey reduction
- •contributory fault
Claim Types
Decision Text
Case No: 1801705/2025 EMPLOYMENT TRIBUNALS Claimant: Mr R Hepworth Respondent: NRG LTD Heard at: Leeds On: 10 December 2025 Before: Employment Judge Themistocleous Representation Claimant: Ms Duane, Counsel Respondent: Mr Robinson, Solicitor RESERVED JUDGMENT 1. The claim for unfair dismissal is well founded and succeeds. 2. In respect of the calculation of remedy: a. There will be no reduction to the award to reflect the chance that the Claimant would have been fairly dismissed if the Respondent had followed a fair procedure in dismissing him; b. The Claimant contributed by his conduct to his dismissal to the extent of 50%. The basic and compensatory awards will be reduced accordingly; and c. An uplift of 15% will be made under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to the compensatory award for unfair dismissal for the Respondent’s failure to follow the requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures in respect of the Claimant’s dismissal. 3. The Tribunal will decide remedy for unfair dismissal, if not agreed, at a further hearing to be listed. Notice of Hearing to follow separately. Case No: 1801705/2025 REASONS Background 1. The Claimant brought a claim for unfair dismissal following the termination of his contract of employment by the Respondent on 7 November 2024 by reason of misconduct. 2. The Respondent is a gas and oil distributor to both residential and commercial clients. Evidence 3. The Tribunal had before it an agreed bundle of documents of 285 pages and three additional documents sent separately. 4. All witnesses submitted w...
Employer
Employment Details
- Industry
- gas and oil distributor
- Representation
- Legally represented
Case Details
- Case Number
- 1801705/2025
- Decision Date
- 26/01/2026
- Published
- 14/02/2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Themistocleous