Epstein v Royal Borough of Windsor & Maidenhead - Disparity of treatment must be "irrational" to make dismissal unfair [2007] EAT

Mr Epstein, a swimming pool lifeguard, was dismissed for a "grave error of judgement" when he took too long to realise that a swimmer was in serious need of assistance. An employment tribunal held that the dismissal was fair. Mr Epstein challenged this as perverse, because the Borough did not discipline his fellow lifeguard whom, he said, must equally have failed in his duties.

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