Blog

  • Home
  • News
  • Different Treatment and Different Outcome
You Are Here:

Different Treatment and Different Outcome

Posted on | Posted in News

Employers who want to treat employees, who guilty of, essentially, the same offence, differently need to take note of two cases.

 General Mills (Berwick) Limited v Glovaki

An employee (S) breached health and safety procedures and as a result, suffered serious injuries.

S was unable to work or participate in disciplinary proceedings. He was eventually dismissed on ill health grounds (capability) following medical advice that he would never be able to return to his job.

Subsequently, another employee (G) was guilty of similar behaviour as S but he was not injured. G was dismissed for gross misconduct. G claimed it was unfair because S had not been dismissed for gross misconduct. The Tribunal decided G’s dismissal was unfair. On appeal, the Employment Appeal Tribunal (EAT) disagreed and overturned the Tribunal’s decision that G’s dismissal was unfair.

 The question was whether a reasonable employer would have taken the same decision to treat G differently to S. Given the Tribunal’s finding that S would have been dismissed if he had not been too ill to work or attend a disciplinary hearing, the dismissal of G was, in the EAT’s judgment, fair.

 Conversely, in First Glasgow Limited v Robertson the outcome was different.

A Bus Driver (R) interfered with a CCTV camera in the driver’s cab. R had already received a final written warning earlier the same year in relation to a different matter. R was dismissed for gross misconduct.

Two other Drivers, who had also been found guilty of interfering with CCTV cameras in their cabs, received final warnings. In dismissing R, his employer placed no reliance on the live final written warning (a bit stupid!).

Trehtowans’ view:

 The Tribunal found that R’s dismissal was unfair because he had been treated more harshly than the other Drivers who had been found guilty of the same misconduct. The employer appealed against the decision to the Employment Appeal Tribunal (EAT). In relation to this aspect of the appeal, the EAT’s Judgment reads “We can deal with the..(appeal)..briefly. It is not well founded”. The EAT went on to say that, had the live final warning been taken into account by the employer, it might have made the different treatment reasonable and the dismissal fair, but they had not and so it was not. A lack of consideration of the live final warning meant that there was no reason for R to be dismissed when other employees, who had been found guilty of the same misconduct, were not. His dismissal was, therefore, unfair.

0

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts
19 Oct 2018

Time’s up on discrimination: top tips for becoming a more inclusive employer

Unless you’ve been living on Mars, you’ll be aware that gender bias is a hot topic right now. Equality in the workplace is under greater scrutiny than ever before, industry-wide. The spotlight is shining on businesses to change how they recognise gender and to improve opportunities – for everybody. Implicit gender bias within the recruitment[…..]

Latest Posts
05 Oct 2018

Taking action on mental health and wellbeing in the workplace

October 10th, 2018 marks World Mental Health Day, providing another opportunity for all of us to tackle the stigma around mental health at work; opening the discussion around what more can be done to make mental health and wellbeing a higher priority for employers of full-time and part-time jobs in Basingstoke. The theme of this[…..]

Latest Posts
24 Sep 2018

New research shows that 40% of employers believe office perks reduce employee stress

Wellbeing in the workplace is regularly making the news headlines. More and more smart employers recruiting for jobs in Basingstoke are asking us how they can create a healthier office space that will attract top talent to their business – and help retain valued employees. More than just a pay check In our previous blog[…..]

Latest Posts
24 Sep 2018

Want to know the secret to retaining staff?

So, you’ve found the ideal people to work for your company, provided ongoing training, awarded pay increases and bonuses, improved your benefits…yet still they keep moving on. Sound all too familiar? You’re not alone. With unemployment is at a record low, many employers across the UK are trying harder than ever to hold on to[…..]

Latest Posts
29 Aug 2018

You never know where a temp job might take your career

Sixteen years ago, I was doing a temping job as a receptionist when the owner of the agency approached me to see if I fancied a go at recruitment. Always open to opportunity, I said yes.  Here we are 16 years later and I’m the Operations Director at Wote Street People.  Now, I could tell[…..]