Employment

It was well established that tribunals should concentrate on the question of whether it was reasonable in the circumstances to dismiss the employee whose claim was under consideration, and should treat arguments based on disparity with care. There would not be many cases where the evidence supported the proposition that there were other cases which were truly similar, or sufficiently similar, to afford an adequate basis for arguing that there had been a disparity. Such an argument was only likely to succeed if it could be shown that the tribunal’s evaluation of the evidence before it had been perverse, which was essentially a complaint about the tribunal’s findings of fact.