Case report round-up: Unappealed final written warning was relevant to fairness of dismissal

XpertHR's latest case reports cover:

• Industrial action: Union strike ballots not invalidated by minor breaches In RMT v Serco Ltd t/a Serco Docklands; ASLEF v London & Birmingham Railway Ltd t/a London Midland [2011] EWCA Civ 226 CA, the Court of Appeal ruled in relation to strike ballots that the respective unions had done enough to call lawful strike action and that the High Court had been wrong to grant injunctions preventing the action from going ahead. In each case, the union had complied sufficiently with the appropriate statutory requirements to render the industrial action lawful. (Employment Review)
• Unfair dismissal: Tribunal should have considered validity of unappealed final written warning In Davies v Sandwell Metropolitan Borough Council EAT/0416/10, the EAT held that, in considering the fairness of a dismissal, the tribunal should have considered the validity of a final written warning in force that the employer had issued without considering all the relevant evidence, even though the employee had not appealed against it. (Employment Review)

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