Final warnings subject to appeal

Final warnings subject to appeal

The courts have looked at whether an employer can take account of a final warning which is being appealed, at the time a fresh offence and therefore dismissal was being considered. The answer is that an employer can take the final warning into account, even though it was being appealed.
 
The important point to note is that the employer did consider the circumstances of the final warning before dismissing for a similar offence. It will be important to demonstrate such consideration if relying on a final warning that is being appealed, so emails, notes or memoranda will be useful.
 
The case is called Rooney v Dundee City Council and can be read at this link.
http://www.bailii.org/uk/cases/UKEAT/2013/0020_13_1510.html

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