LRD guides and handbook November 2014

Unfair dismissal - a legal guide for union reps

Chapter 4

Making an example of workers to deter others is unfair

[ch 4: page 44]

Managers should not single out one employee for more serious punishment without clear justification. In Leeson v Makita Manufacturing Europe [2001] All ER 345, the EAT ruled that dismissing an employee who had frequent absences for genuine reasons was unfair because it was motivated more by a desire to make an example of the employee and deter others than by a wish to deal with the employee’s genuine sickness absence.