Tribunals are able to consider the reasonableness of final written warnings in dismissal cases
In Adegobola (A) v Marks and Spencer plc (M&S), the Court of Appeal confirmed that an employment tribunal (ET) is able to consider the reasonableness of a final written warning when assessing the fairness of a dismissal.
Past case law states that although it is not the function of a tribunal to judge the matters on which a final written warning is based, in order for employers to legitimately rely on any such warning for dismissal, the tribunal must be satisfied that the warning was issued in good faith, there were prima facie grounds for imposing it and it was not manifestly inappropriate to issue it.
In this case, A, an M&S employee, was placed on a final warning after an incident with another employee. The warning stated that any further misconduct could result in A’s dismissal…
Click on the link below to read the rest of the Winckworth Sherwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
Why register to The Lawyer
More relevant to you
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
The community right to buy introduced by the Localism Act 2011 is based on the concept of giving local people the opportunity to take control of assets and facilities in their neighbourhoods.
If you are a building owner or manager – of any type of building – you need to ask yourself two questions well before the end of this year.