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Misconduct: Mere participation in industrial action is not contributory conduct

This report relates to 1 case(s)

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    Crosville Wales Ltd v Tracey and others [1996] IRLR 91 CA (0 other reports)

An industrial tribunal cannot reduce unfair dismissal compensation on the basis of contributory fault, if the only conduct relied on is a complainant's participation in the industrial action in the course of which his or her dismissal occurred, holds the Court of Appeal in Crosville Wales Ltd v Tracey and others [1996] IRLR 91. It is, however, legitimate for tribunals to consider whether a complainant has been responsible, in addition to mere participation in the relevant industrial action, for any conduct of his or her own contributing to the dismissal which was sufficiently blameworthy to make it just and equitable to reduce compensation.