Disciplinary penalties for a group of employees

In University of Warwick v Gray [EAT/0508/09], the EAT held that Mr Gray’s dismissal was fair. The employer was entitled to take into account Mr Gray’s disciplinary record when it dismissed him - even though it had issued final written warnings to the other employees - who had committed the same disciplinary offence.

Comment

The Gray case provides further confirmation that an employer does not have to issue the same disciplinary penalty – to each member of a group of employees who have committed the same disciplinary offence – if they have different disciplinary records.

Also see London Borough of Harrow v Cunningham [EAT/1098/94].