Considering past misconduct of an Employee

legal updates

The employee had received a written warning for failing to obey reasonable management instruction.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In a recent case Employment Appeal Tribunal the panel were asked to consider whether an employee’s previous warnings for misconduct, could be considered should a further act of misconduct be committed.

The employee had received a written warning for failing to obey reasonable management instruction. Within the same timeframe, the employee was again called in for a disciplinary for a severe breach of health and safety as they drove a lorry through a red light in a loading bay. Due to the nature of this action, coupled with the fact that a previous disciplinary for misconduct had been issued, the employee felt that the employee could be dismissed for gross misconduct.

The employee took the matter to a Tribunal claiming that the Employer had acted unfairly as they should not have considered the previous decision as it was not a related issue, in this later disciplinary sanction. The employer agreed that they would have, if the second incident had been a standalone offence, only issued a final written warning, however this was elevated to instant dismissal due to the previous conduct of the employee.

The Tribunal sided with the Employee as the two incidents were not connected and as such should not be viewed together. This was appealed by the employer who overturned the ET’s decision and stated that this was not an issue of similarity. It referred to the ACAS Code of Practice and stated that it does not require similarity of offences to justify the dismissal. Further the EAT ruled that previous disciplinary action should only be disregarded if it has been issued incorrectly (i.e. incorrect procedure has been followed), or issued in bad faith (without merit).

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Changes to Flexible Working

Unveil the new landscape of flexible working rights with the Employment Relations (Flexible Working) Act 2023, now granting ‘day-one’ rights to employees and setting a precedent for more adaptable workplace practices effective from 6 April 2024.

New employment legislation effective from 6 April 2024

Enhanced employee rights, offering day-one entitlements to carer’s leave, flexible working arrangements, and extended redundancy protection for pregnant employees and those on family leave.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.