Dismissal case: disparity of sanctions applied to employees involved in misconduct - MBNA Ltd v Jones [EAT] 01.09.15 (Unreported)
Unfair dismissal – Gross misconduct - Band of reasonable responses – Violence – Fight between two employees at work social event – Claimant dismissed while other employee receiving a final written warning – Application of statutory test in the Employment Rights Act 1996 s.98(4) and the guidance in Hadjioannous v Coral Casinos. HELD employer’s appeal allowed. The employment tribunal had erred in considering that the circumstances of two employees were parallel.http://www.bailii.org/uk/cases/UKEAT/2015/0120_15_0109.html
Category: Employment » Dismissal; Misconduct. Area(s) of law: Employment.