A claim of ‘one rule for them; one rule for everyone else’ was recently heard in the Birmingham Employment Tribunal. In Burns v Gitpod, the Claimant was sacked after getting drunk and allegedly falling asleep in a sauna on a work trip. In ongoing tribunal proceedings, she claimed unfair dismissal and discrimination. The Respondent dismissed the Claimant for performance issues and for having been drunk on the trip. The Claimant admitted to being drunk but claimed that she had been treated differently because she was a woman. She alleged that male managers on the same trip were also drunk but received no sanction. Bringing her claims to the tribunal, Ms Burns said: “My male colleagues were drinking alcohol/drunk at the off-site but I was the only one who was dismissed… One of my male colleagues behaved in a far more damaging way for both his own reputation and for Gitpod after consuming alcohol at the off-site.”

The Claimant’s case that her dismissal was sex discriminatory hinges on an assertion that, as a woman, her drunken behaviour was viewed as setting a bad example whereas her male colleagues were lauded as “tech bros” for exactly the same behaviour. Although the case is currently ongoing and no finding has been made, the factual matrix serves as a reminder to employers to treat employees consistently and fairly when considering taking disciplinary action. Similar conduct should, unless it is able to be distinguished on coherent grounds, be treated similarly. 

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

6 minute read
Contractual control agreements – new duty to register from April 2027 - Wollens Solicitors Devon

Contractual control agreements – new duty to register from April 2027

Read Article
4 minute read
Buying a listed building: what you need to know - Wollens Solicitors Devon

Buying a listed building: what you need to know

Read Article
2 minute read
North Devon Maternity Unit reopening further delayed. - Wollens Solicitors Devon

North Devon Maternity Unit reopening further delayed.

Read Article
3 minute read
When 25% becomes 2.5%: a useful reminder on Acas Code uplifts - Wollens Solicitors Devon

When 25% becomes 2.5%: a useful reminder on Acas Code uplifts

Read Article
3 minute read
Belief discrimination: where are we now? - Wollens Solicitors Devon

Belief discrimination: where are we now?

Read Article
14 minute read
Can sports clubs still pull the trigger? - Wollens Solicitors Devon

Can sports clubs still pull the trigger?

Read Article
3 minute read
Training cost clawbacks: when does repayment become an unlawful restraint? - Wollens Solicitors Devon

Training cost clawbacks: when does repayment become an unlawful restraint?

Read Article
3 minute read
Third-party harassment is coming back: are you ready? - Wollens Solicitors Devon

Third-party harassment is coming back: are you ready?

Read Article