The case involved an employee given a final written warning for washing his car when he should have been working. The warning was to remain on his file for a year. More than a year later he was accused of watching television when they should have been working. He was subsequently dismissed while other employees were given a final warning because they had no prior disciplinary record. An Appeal Court ruling has broken new ground in such cases where employees are dismissed for repeated misconduct. Previous case law has been interpreted as requiring an employer when considering dismissal to completely ignore an employee's previous misconduct if a final written warning for the first breach has expired. The Court of Appeal has now shifted the goalposts. Lawyers say the reasoning behind the decision is "complex and limiting” with the result that extreme caution must still be exercised in this area.
The Telegraph