EAT Unfair Dismissal : Reasonableness of Dismissal – The Employment Judge found the Claimant’s dismissal to be unfair only by reason of disparity with the sanction imposed on another employee who received a final written warning. However the Employment Judge did not apply the guidance in Hadjioannou v Coral Casinos Ltd [1981] IRLR 352; if he had done so he would have been bound to recognise key differences between the two cases. His reasoning on the question of disparity did not properly apply section 98(4) of the Employment Rights Act 1996. Finding of unfair dismissal substituted
David Richardson HHJ
[2015] UKEAT 0120 – 15 – 0109
Bailii
England and Wales
Employment
Updated: 06 January 2022; Ref: scu.554877
