Source: All England Reporter
Publisher Citation: [2011] All ER (D) 05 (Nov)
Neutral Citation: UKEAT/0060/11
Court: Employment Appeal Tribunal
Judge:

Judge Richardson, Mr P Gammon and Mr D J Jenkins

Representation Glenn Pereira for the employee.
  Olivia Checa-Dover for the employer.
Judgment Dates: 3 October 2011

Catchwords

Employment - Unfair dismissal - Determination whether dismissal fair or unfair - Disparity - Employee being accused of bullying - Employer finding employee and another colleague having engaged in bullying - Employer dismissing employee but taking no action against other colleague - Employment tribunal finding inconsistent treatment not enough to make dismissal unfair - Whether decision of Tribunal having been perverse.

The Case

Employment Unfair dismissal. The Employment Appeal Tribunal, in dismissing the employee's appeal against her dismissal, held that there would be very few cases in which an appeal might succeed on the basis of an argument of disparity as that was essentially a complaint about the tribunal's findings of fact and not a matter of law.

Practice Areas

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