14 December 2015
Be careful where more than one employee is facing sanctions and different treatment is given
It is well established that in the context of disciplinary proceedings, employers should ensure that their employees are treated consistently. A common example is an otherwise fair dismissal could be held to be unfair by the Employment Tribunals if the employer had previously only issued a final written warning to a different employee in the same circumstances.
In MBNA v Jones, the Employment Appeal Tribunal (EAT) provided further guidance on this sometimes tricky area of employment law. At...