The Importance of Consistent Treatment

20th May 2011

The recent case of Mohammad v DHL services Ltd reiterated the importance of treating employees in a consistent manner.

In this particular case, Mr Mohammad and Mr Aziz were involved in an altercation at work, which resulted in a physical fight. They were both immediately suspended pending an investigation and disciplinary. Mr Mohammad and Mr Aziz were disciplined the next day and dismissed for gross misconduct, but both Mr Mohammad and Mr Aziz appealed the decision.

Both possessed excellent disciplinary records prior to the incident, but during the appeal both parties put forward different mitigating factors. Mr Mohammad's appeal was unsuccessful, but Mr Aziz was successful in his appeal and re-instated.

The Employment Tribunal found that up until the appeal, both dismissals were fair. It also found that had both employees' appeals been unsuccessful, that it would have considered both of the dismissals as fair. However, the Tribunal found that as Mr Aziz had been reinstated and Mr Mohammad had not, Mr Mohammad's dismissal was unfair due to the inconsistent approach.

This case re-enforces that even if you follow all of the correct procedures for dismissal and the dismissal appears to be proportionate, it is always worth considering what action your organisation has taken in the past. Failure to do so may result in a claim for unfair dismissal being found against your organisation on the basis of inconsistent treatment.

For further information contact employment@thomas-carroll.co.uk

Disclaimer: This bulletin is designed to keep readers abreast of current developments. It is not intended to be a comprehensive statement of law and specialist legal advice should always be sought in relation to any particular circumstance. Therefore, Thomas, Carroll Management Services is unable to accept liability for any errors or facts or opinion contained within.