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Vigil v Tata Consultancy Services Limited

Ignoring your appeal against dismissal can make it unfair, even with good reason.

The ruling

Unfair dismissal succeeded; compensation reduced 30% for contributory conduct.”

If your employer never properly deals with your appeal against dismissal, that can make the dismissal unfair, even where the underlying reason for it was genuine.

  • Always submit any appeal against a dismissal or disciplinary outcome in writing. Keep proof you sent it.
  • If you are in a redundancy or redeployment process at the same time as a separate disciplinary matter, ask in writing how the two connect.
  • Get advice early if you think your own conduct might have contributed to what happened. It can affect your compensation even if you win.
Read the full case

The situation

An IT contractor working on a client account made an unauthorised change to his laptop settings while trying to fix an access problem himself, which triggered a security alert. His employer removed him from the client's project and ran two processes on him at the same time: a redundancy-style search for another role, and a separate disciplinary investigation into the security incident. The disciplinary ended in a written warning, not dismissal. But when no alternative role could be found after months of searching, his employer dismissed him, and never dealt with his appeal against that dismissal.

What the tribunal found

The tribunal found he had been unfairly dismissed under section 98 of the Employment Rights Act 1996. It accepted that the employer's stated reason for dismissal, being unable to find him another role, was genuine. But it found the process fell outside what a reasonable employer would do. It ran the redeployment search and the disciplinary process alongside each other without ever explaining how the two connected. It changed timelines without warning. And it never dealt with his internal appeal. His own conduct, the unauthorised laptop changes and his slow response to requests, reduced his compensation by 30 per cent.

Full citation

Vigil v Tata Consultancy Services Limited. Case 2302668/2024. London South Employment Tribunal. June 2026.

Last reviewed 6 July 2026