||All England Reporter
|| All ER (D) 05 (Nov)
||Employment Appeal Tribunal
Judge Richardson, Mr P Gammon and Mr D J Jenkins
||Glenn Pereira for the employee.
||Olivia Checa-Dover for the employer.
||3 October 2011
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.
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.
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