Davies v Sandwell Metropolitan Borough Council EAT/0416/10
Reports relating to this case:
- 24 August 2011
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.
- 9 March 2011
The Employment Appeal Tribunal has held that the employment tribunal was wrong to take into account the employee's decision not to appeal against a final written warning when deciding whether or not the employer's reliance on the warning made the dismissal fair.