Davies v Sandwell Metropolitan Borough Council [2013] IRLR 374 CA
Reports relating to this case:
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Unfair dismissal: Employer was entitled to have regard to final warning in deciding to dismiss
- Date:
- 17 April 2013
In Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135 CA, the Court of Appeal held that it was not outside the range of reasonable responses for an employer to rely on a live final warning in conjunction with later misconduct in deciding to dismiss. The warning had been issued in good faith and was not manifestly inappropriate, and there had been prima facie evidence to sustain it.
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Unfair dismissal: legitimate for employer to take into account unexpired final written warning
- Date:
- 6 March 2013
The Court of Appeal has reiterated the general principle that it is legitimate for an employer to take into account a prior final written warning when deciding to dismiss an employee, provided that the warning was issued in good faith and was not manifestly inappropriate.
