MBNA Ltd v Jones

Posted In: Case Law
  • Case Reference
    [2015] UKEAT 0120_15_0109
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance
Issues covered: Unfair Dismissal; Reasonableness of Dismissal; Disparity of Penalty; Fighting; Emails

Work and drink - never a sensible mix. The employer in this GB Employment Appeal tribunal case was celebrating its 20th anniversary with a night at Chester racecourse. Mr Jones and a colleague, Mr Battersby, had been drinking beforehand and engaged in some "fun/banter", which escalated into the less funny punch in the face by Mr Jones on Mr Battersby. Mr Battersby later responded by sending Mr Jones threatening texts.

After an investigation, the employer dismissed Mr Jones but gave Mr Battersby a final warning. Mr Jones claimed unfair dismissal, saying the disparate treatment rendered his dismissal unfair. The original tribunal agreed - both incidents constituted gross misconduct and

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This article is correct at 11/12/2015

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