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Unfair dismissal: Warning issued in bad faith cannot be relied on

This report relates to 1 case(s)

In Way v Spectrum Property Care Ltd [2015] 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.