The Employment Appeal Tribunal (EAT) has held that where an employee is dismissed for misconduct following an earlier warning that the tribunal has found to be manifestly inappropriate, the tribunal must examine the weight the employer attached to that warning in deciding whether or not the decision to dismiss was within the range of reasonable responses.
In Way v Spectrum Property Care Ltd  IRLR 657 CA, the Court of Appeal held that an employer cannot rely on a warning on an employee's file that was given in bad faith, alongside later misconduct, when deciding that there is sufficient reason to dismiss. To do so would be outside the range of reasonable responses, and not in accordance with equity and the substantial merits of the case.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
A model letter giving an employee a written warning following a formal performance management hearing
A model letter giving an employee a final written warning following a performance dismissal hearing.
Line manager briefing looking at misconduct, including the meaning of misconduct, the necessary communication skills for a disciplinary interview and the use of warnings.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a manager was unfairly dismissed for behaving in an "over-authoritarian manner" because he was not warned that a possible consequence of continuing to act in this way was dismissal.
HR and legal information and guidance relating to warnings as a disciplinary penalty.