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).

HR ManagerSo simple even a child could use it

HR Manager is designed to assist employers manage their legal obligations in relation to Employment Law, Human Resources, Health & Safety and Data Protection. Fully utilising HR Manager will demonstrate best practice, assist in the meeting of legal obligations and show due diligence.

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

Related Legal Updates

Change management

The consequences of failing to manage workplace change effectively can increase employee resistance and deplete employee engagement.

Can a notice to terminate employment be withdrawn?

An employee’s refusal to agree to treat the notice as ineffective and to continue employment may have serious consequences.

Claims of harassment related to age and sex

Mr King was found to have crossed the line by making reference to Mr Finn’s appearance which had created an intimidating, hostile, degrading, humiliating, and/or offensive environment.

ACAS conciliation

Employers can also contact ACAS directly for assistance in mediation with a former employee.

The primary purpose of a contract of apprenticeship is training

If you take on an apprentice it is vital you have an apprenticeship agreement in place which is a contract of service.

Pandemic impact on annual leave entitlement

The change in March 2020 allowed for four weeks of annual leave to be carried over. So, as a reminder, any carried over leave must be used in 2022!

Right to work – adjusted checks extended to 30 September 2022

Job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.

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.