Page 33 - BOSS Today Issue 16

The EAT suggested that consistency of the employer’s
tribunals should: approach.
✱ Take into account the fact
there was an earlier warning; In future
✱ Take into account any The well-established principle
proceedings that may affect that employers can continue
the validity of a warning to consider the employee’s
(usually an internal appeal) previous live warnings during
and consider what weight the any further disciplinary
employer gave to any proceedings is retained.
challenge before dismissing; Nevertheless, employers in
and situations like Stone’s case
✱ Avoid “going behind” an should consider adjourning
earlier warning by decisions until internal
considering its validity, appeals have been concluded,
unless satisfied that it would particularly as tribunals can “go
be appropriate to do so. behind” the earlier warning if
they decide that it was issued
Tribunals will not be in bad faith or was manifestly
considered to be “going inappropriate.
behind” an earlier warning by
taking account of the factual n For more inFormation
circumstances that gave rise to and advice, contact
it - for example, by considering your BoSS Hr adviSer on
whether the types of conduct 0845 450 1565.
giving rise to an earlier warning
and ultimate dismissal were
similar or not. They may also
consider the particular features
of a situation, as well as the

March/April 2013 | BOSS TODAY 33

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