In Christou and another v London Borough of Haringey  IRLR 379 CA, the Court of Appeal held that there is no rule of law precluding an employer from reopening disciplinary proceedings and imposing a harsher penalty such as dismissal. The issue was whether or not it was reasonable for the employer to do so, and the fact that the employees in this case had previously been given a warning in relation to the same matter did not render the dismissals unfair.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a manager was unfairly dismissed for behaving in an "over-authoritarian manner" because he was not warned that a possible consequence of continuing to act in this way was dismissal.
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