The Claimants were dismissed for the given reason of having made certain social media posts. The ET found that this was a pretext and that the true reason why each of them was dismissed was for having made protected disclosures. For each Claimant the ET found that there had been a social media post that amounted to culpable or blameworthy conduct. It also found in each case that such conduct had caused or contributed to the dismissal. However, the ET said it was not just and equitable to make any reduction to the Claimants’ compensatory awards on account of such conduct. The Respondent appealed.

The EAT dismissed the appeal, rejecting the argument that, having found that there was contributory conduct, the ET was obliged to make some reduction to the compensatory awards. Although some reduction to the compensatory award will, in most usual cases, follow from a finding of contributory conduct, it is not the law that there must necessarily be some reduction in every such case.