Kay v Cheadle Royal Healthcare Ltd (t/a Affinity Healthcare) - Disparity of treatment and unfair dismissal [2011] EAT

An employee will need to be able to point to a truly parallel set of circumstances to successfully argue that there has been inconsistency of treatment making their dismissal unfair.

Mrs Kay worked for Cheadle Royal Healthcare Limited (CRH) as a Deputy Ward Nurse Manager. Dr Mariam Al-Amin, a doctor who regularly attended the ward, complained that Mrs Kay had persistently bullied her over a substantial period of time. After a full investigation a disciplinary hearing took place which dealt with allegations which included banning the doctor from attending hand-overs, non co-operation with her, failing to carry out reasonable instructions, rudeness, laughing at and belittling her.

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