Mr M S Doy v Clays Ltd [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination, Policies and Procedures
Issues covered: Disciplinary Dismissal; Gross Misconduct; Disparity in Treatment; Knowledge of Management; Reasonableness

The claimant was dismissed for gross misconduct relating to ‘aggressive and threatening behaviour’. It was alleged that he had made comments about management and their children and that he ‘hoped they died’. Another comment threatened to find out where a manager lived. The claimant argued that there had been a disparity in treatment as other colleagues had made much worse comments than he had. He described the behaviour of other staff members, including a punching incident which did not even receive a verbal warning.

The appeal was allowed because the argument that managers were not treating all misbehaving employees equally was not sufficiently investigated at the tribunal. The EAT noted

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This article is correct at 09/08/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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