In the EAT case of Mrs Nelson v Claphams Solicitors a finding of 80% contributory fault was upheld.
Whilst the dismissal (for sending of the e-mail below) was found to be procedurally unfair, the sending of this e-mail and later (untruthful) assertion that it had been found by rooting through her bag, was judged to contribute significantly to her dismissal:-
Ta much. Nothing happening today – the two Clappies going around here as if nothing has happened!!!! Hilarious – not even a word from any of them – I wouldn’t stay here if they even asked me now anyway – nutters the two of them. She still looks white as a ghost though and complaining of feeling ill – shame!
Met Irene for lunch – looking positive about getting back to HBM – might only be as a floater at first but it doesn’t matter as long as it’s a job and it won’t be full time either which is great. Can’t wait to tell them if I go back there that will really kill them as they hate HBM and vice versa!!
Still, they might have had the decency to even speak to me about it – unbelievable. Like Calum by the way. Last night he and Rhuairidh had 9 toilet rolls down my staircase when I got home from work!! Buggers the two of them. Went to my class last night back at Shawlands Academy so great loads of space again. Told everyone about what happened they were all appalled. Telling everyone in Clarkston that I meet and they are all disgusted……she’ll be sorry……
LOL Susan xx”