In fact, such an indication had already been given by the Court of Appeal in Bascetta v Santander [2010] EWCA Civ 351 which was a case primarily on other grounds, but which
at one point contained a short passage by Pill LJ on this point: «29... The question for the [
employment]
tribunal, which must be
determined separately for each applicant, is whether the applicant was unfairly dismissed, not whether some other employee could have been dismissed... It will not help him to show that on the same criteria some other employee might not have been retained.