Unfair dismissal: When an employee may not be entitled to a second chance

The Code of Practice recommends that no employee should be dismissed for a first offence, except in the case of gross misconduct. The prudent employer and the fair employer will think very seriously before departing from the standards set out in the Code. Nevertheless, two recent Court of Appeal decisions have set out examples of situations where dismissal without a prior warning may be held not to be unfair.