Source: All England Reporter
Publisher Citation: [2002] All ER (D) 106 (Aug)
Court: Employment Appeal Tribunal
Judge:

Judge Levy QC, Mr W Morris and Mr B Warman
Representation Marc Galberg (instructed by Bates Wells & Braithwaite, Ipswich) for the applicant.
  Jonathan Swift (instructed by Eversheds, Leeds) for the respondent.
Judgment Dates: 25 June 2002

Catchwords

Unfair dismissal - Determination of whether dismissal fair or unfair - Reasons justifying dismissal - Applicant dismissed for gross misconduct - Fellow employees' conduct not resulting in dismissal - Whether applicant unfair dismissed - s 98(4).

The Case

On a compliant of unfair dismissal, and employment tribunal had properly addressed itself in accordance with its duties under of the Employment Rights Act 1996 when dismissing the complaint. The fact that the conduct of other employees had been treated differently by the employer was not one which made the judgment of the tribunal wrong. In those circumstances, the Employment Appeal Tribunal was left in no doubt that the decision below was correct.

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