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Author Archive: Jodele McConnachie

Dismissal fair despite being decided by reference to a history of expired warnings and future expectations (EAT)

Posted by on January 20th 2017 in Blog Posts, Employment

Dismissal fair despite being decided by reference to a history of expired warnings and future expectations (EAT)

It has been a generally accepted principle that once a warning for misconduct has expired, the employee’s slate should be wiped clean, and it would be unfair for an employer to take expired warnings into account when deciding to dismiss the employee.

However, in the recent case of Stratford v Auto Trail VR Ltd the Employment Appeal Tribunal, upholding the earlier decision of the Employment Tribunal, deemed it fair that the employer took into account prior expired warnings in deciding whether to dismiss the employee for misconduct. In this case the employee had 18 prior cases of misconduct, and although the...