| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 301 (Nov) |
| Court: | Employment Appeal Tribunal |
| Judge: | Bean J, Professor S Corby and Dr B Fitzgerald |
| Representation | Ayoade Elesinnla (instructed by J R Jones) for the employee. |
| Ben Lynch (instructed by Bircham Dyson Bell LLP) for the employer. | |
| Judgment Dates: | 25 July 2008 |
Catchwords
Unfair dismissal - Determination whether dismissal fair or unfair - Dismissal for misconduct - Employee receiving written caution - Receipt of written caution constituting gross misconduct under employer's disciplinary code - Employer dismissing employee - Employee complaining to employment tribunal that dismissal unfair - Employee contending disparity of treatment with comparator cases - Tribunal ruling no disparity of treatment - Tribunal ruling dismissal not unfair - Employee appealing - Whether employee's treatment inconsistent with comparator cases - Whether dismissal unfair.
The Case
Unfair dismissal Determination whether dismissal fair or unfair. Employment Appeal Tribunal: Where an employee claimed that his dismissal constituted treatment which was inconsistent with comparator cases, but those cases were found not to be truly similar, his appeal was dismissed.
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