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
23 Sep 2020

What is Mental Health First Aid? – Guest Blog by Clare Davis, Director of Nova Associates

What do you think Mental Health first Aid is? When I tell people I am a Mental Health first Aid instructor, I often get asked, “Are you a counsellor” or “Are you a psychologist?” Mental Health First Aid (MHFA) is not about fixing people. It is not about being a therapist. Regular (physical) First Aid[…..]

Latest Posts
17 Sep 2020

Opening minds and opening doors: the benefits of outplacement services

This summer, more than 300,000 people were put at risk of redundancy as UK businesses struggled to survive the impact of the Covid-19 pandemic. Figures from the Insolvency Service, requested by the BBC, showed that companies across the country had reportedly filed 305,427 positions at risk of redundancy. This figure is almost seven times higher[…..]

Latest Posts
13 Aug 2020

Drowning under a sea of job applications?

COVID-19 has changed the working world beyond all recognition. Just last year, we were recruiting for jobs in Basingstoke in a candidate-led market, where applicants were spoilt for choice and employers had to fight to pin down the best talent. Fast forward to summer 2020, and the tide has certainly turned… Businesses whose profits have[…..]

Latest Posts
30 Jul 2020

Meet Wote Street People’s consultants:

Like many companies, lockdown made us reconsider how we work. Not shy of adventure, we were hot off the press in finding and sharing new ways to keep productive and stay keep connected to our team, customers, and candidates.  Our new working solutions have worked so well that it got us pondering…Do we really need[…..]

Latest Posts
23 Jun 2020

In the pursuit of happiness: Supporting the M3 Job Club and other community groups

Part of our culture at Wote Street is about giving back.  Our core values are: we listen, we consult, we care and that fits perfectly with all of the charities and community groups we support locally. The Pink Place – supporting people affected by cancer Basingstoke Consortium & Skillstree – helping young people to gain[…..]