David Malamatenios is a partner and Colin Makin, Linda Quinn, Krishna Santra and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.
A model letter setting out a recorded oral warning for misconduct.
A model letter giving an employee a first written warning.
A model letter giving an employee a final written warning.
Good practice guidance discussing managing disciplinary issues, including disciplinary rules and procedures, setting up disciplinary interviews, the right to be accompanied, warnings, appeals, dismissal and dealing with misconduct that is suspected but not proven.
Employment tribunals do not have to delve too deeply into the reasons why an earlier warning was issued when an employee is later dismissed for further misconduct or poor performance while that warning is still live, as we can see from this judgment. They need to look behind the original warning only in exceptional circumstances, for example where there is evidence that it was issued in bad faith.
An adequate investigation and a fair system of warnings are key to the successful defence of an unfair dismissal claim related to misconduct, as this case shows.
HR and legal information and guidance relating to warnings as a disciplinary penalty.