In Stratford v Auto Trail VR Ltd the EAT held that an expired warning can be taken into account when considering whether a dismissal was fair or unfair under s98(4) Employment Rights Act 1996. Mr Stratford had the sort of disciplinary record which requires real commitment (17 incidents in less than 13 years). The most … Continue Reading
It has long been assumed that once a warning is given it becomes pretty much fact, and therefore that later decisions, such as redundancy selection or next-stage disciplinary dismissals, can safely be built on top of it. After all, runs the argument, if the employee thought that the warning was not legitimate, he had the … Continue Reading
