Different Sentences
by Philip
A common query is whether an employer can apply different sanction to different employees for very similar offences.
The answer is yes.
In the case of Harrow BC and Cunningham the judge at the EAT came up with a memorable saying that encapsulates the legal position. In operating a disciplinary procedure the employer should operate , using the procedure as a “guideline” rather than a “tramline”.
It will be very unusual for an employer to have two disciplinary cases with identical facts. Provided there is a rational basis for applying different sanctions, then any dismissal will not normally be outside the range of reasonable responses.
The principles were recently reviewed by the EAT in a case involving a lifeguard at a municipally run swimming pool.
The principle held good. The employer must have a rational basis for applying different sanctions . These could include: gravity of the offence, work and disciplinary record of the employees, length of service, position within the organisation.
So employers are entitled to use their discretion but must do so in a logical way.
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