Unfair dismissal: Tribunal should have considered validity of unappealed final written warning
This report relates to 1 case(s)
Davies v Sandwell Metropolitan Borough Council EAT/0416/10 (1 other report)
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.
- The employment tribunal erred in deciding that the employer was entitled to rely on a final written warning when dismissing an employee for subsequent misconduct because the employee had not pursued her appeal against the warning.