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
13 May 2019

Nifty networking plus valuable volunteering = career cheer

As Enterprise Coordinator at Enterprise M3 LEP, Shirley Ducker helps schools and colleges improve their careers and enterprise activities to engage with the world of employment. But it’s through her own personal journey that she’s learned the most about the power of networking.  Shirley’s here as a guest blogger to share her experience with you…[…..]

Latest Posts
01 May 2019

Seeing beyond age discrimination myths

As we’re all living – and working – for longer, the age range in most workplaces is becoming broader. In some cases, there can be an age gap of 50 years or more between staff. All diversity enriches the work culture, but it can require some education to manage it effectively. ACAS recently published a[…..]

Latest Posts
05 Apr 2019

Tips for recruiting under 25-year olds

There are countless reasons why recruiting a person under the age of 25 could be beneficial to the success and growth of your business. As a job agency in Basingstoke, we’ve recently been reminded of the benefits of this yet again. Spring is a time for new beginnings and you’ll not only be opening a[…..]

Latest Posts
21 Mar 2019

Learning on the job: the benefits of apprenticeships to employer and employee

As a recruitment agency that’s also heavily involved in the community, we can’t stop talking about the many benefits of apprenticeships. These positions give young people and career-changers the opportunity to study for a work-based qualification that is often the first stepping stone in a bright career. Our apprentice, Kyra Wallace, recently completed her time[…..]

Latest Posts
08 Feb 2019

Candidates keep falling through? Don’t make your plan B a second thought

  In recruitment, as in life, things rarely work out as expected. The news reminds us daily that it’s actually wise to expect the unexpected. For example, you’ve got to wonder if there’s a teeny weeny bit of Theresa May’s brain that wishes she had pre-prepared a plan B for how Brexit is unfolding… We[…..]