Work and drink - never a sensible mix. The employer in this case was celebrating its 20th anniversary with a night at Chester racecourse. Mr Jones and a colleague, Mr Battersby, had been drinking beforehand and engaged in some "fun/banter", which escalated into the less funny punch in the face by Mr Jones on Mr Battersby. Mr Battersby later responded by sending Mr Jones threatening texts.

After an investigation, the employer dismissed Mr Jones but gave Mr Battersby a final warning. Mr Jones claimed unfair dismissal, saying the disparate treatment rendered his dismissal unfair. The original tribunal agreed - both incidents constituted gross misconduct and therefore both should have been dismissed or not, thought the tribunal. 

The EAT has