In Diosynth Ltd v Thomson [2006] IRLR 284 CS, the Court of Session has made it clear that an employer is not entitled to take into account expired disciplinary warnings in making disciplinary decisions in respect of employees
In Arriva North West & Wales v Colebourn, the EAT holds that the employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.
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In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.
In London Underground Ltd v Ferenc-Batchelor and Harding v London Underground Ltd, the EAT holds an "informal oral warning" - which was in fact confirmed in writing, continued to have effect for up to 12 months, formed part of the employee's disciplinary record and could be taken into account by management if a formal disciplinary process was instigated - in reality constituted a "formal warning", giving rise to the statutory right of the employee to be accompanied to the disciplinary hearings that resulted in that warning being given.