LRD guides and handbook September 2012

Disciplinary and grievance procedures - a practical guide for union reps

Chapter 7

‘Making an example’ of workers in order to deter others is likely to be unfair

Managers should not single out one member for more serious sanctions unless they have a clear justification:

In Leeson v Makita Manufacturing Europe [2001] All ER 345, the EAT decided that the dismissal of 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 to deter others than by a wish to deal with the employee’s genuine sickness.