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Unfair dismissal: Tribunal should have considered validity of unappealed final written warning

This report relates to 1 case(s)

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.

Key points

  • 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.