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Tribunal WatchCase lawDisciplineSex discriminationDiscipline and grievances

No payout for London Zoo keeper unfairly dismissed over Christmas party fight

by Stephen Simpson 23 Nov 2015
by Stephen Simpson 23 Nov 2015

A London Zoo meerkat handler who got into a Christmas party fight with a monkey specialist over their love rivalry for a llama keeper was unfairly dismissed, an employment tribunal has held. Stephen Simpson rounds up the previous week’s employment decisions.

Unfair dismissal: zero compensation for zookeeper over Christmas party fight
In Westlake v ZSL London Zoo, the employment tribunal held that two zookeepers who got into a fight at London Zoo’s Christmas party should have received the same disciplinary sanction.

Unfair dismissal

Key differences justified different sanctions for misconduct at work event

Podcast: Disciplinary issues over the Christmas period

Podcast: Misconduct dismissals

At London Zoo’s Christmas party, zookeeper Ms Westlake got into a fight with a colleague, Ms Sanders. The fight appeared to originate over another zookeeper Mr Davies, Sanders’ former boyfriend who was by then dating Westlake.

There were factual disputes as to how the incident escalated (for example, who struck the first blow). Sanders was hit in the face with a glass that Westlake was holding. She suffered a “short but deep gash” to her cheek.

London Zoo decided to dismiss Westlake for fighting with a colleague at the Christmas party. Sanders’ was given a final written warning and banned from future work social events.

Westlake brought a claim for, among other things, unfair dismissal.

The employment tribunal examined the differences in sanction. The tribunal noted that the reasons given by the disciplinary chair for the differences were the severity of Sanders’ injury and a “gut feel” that Westlake was the more culpable.

Protagonists’ roles

Ms Westlake: Meerkats
Ms Sanders: Tigers and monkeys
Mr Davies: Llamas

In upholding Westlake’s claim, the employment tribunal concluded that, without clear evidence of who started the fight, no reasonable employer would have placed the blame primarily on her.

The tribunal said that, seeing as the employer could not determine who started the fight, it could legitimately have dismissed them both, or given them both final warnings.

However, the tribunal concluded that Westlake’s award should be reduced to zero.

Read more details of the case and practical tips in light of the judgment…

Other tribunal decisions in the headlines

Maximum protective awards for former City Link employees in Northern Ireland
A Northern Ireland tribunal has awarded protective awards of 90 days’ pay to former City Link employees over the company’s failure to consult on their redundancies.

Citi trader sacked after forex rigging probe wins unfair dismissal case
A London-based currency trader fired by Citigroup after industry-wide investigations into alleged rate-rigging has won his unfair dismissal case, reports the Telegraph.

Drugs boss who said he “only employs beautiful women” guilty of sexism
The boss behind a banned cancer “wonder drug” has been found guilty of sex discrimination after writing “Red lipstick, heels – good” on his personal assistant’s job application, says the Telegraph.

NASUWT teaching union discrimination claim thrown out
A whistleblowing and sex discrimination claim against Britain’s biggest teachers’ union has been thrown out, according to the BBC.

Avatar
Stephen Simpson

Stephen Simpson is a principal employment law editor at XpertHR. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined XpertHR in its early days in 2001.

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