Case report round-up: Employer may have regard to final warning in decision to dismiss

XpertHR's latest case reports cover:

Unfair dismissal: Employer was entitled to have regard to final warning in deciding to dismiss In Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135 CA, the Court of Appeal held that it was not outside the range of reasonable responses for an employer to rely on a live final warning in conjunction with later misconduct in deciding to dismiss. The warning had been issued in good faith and was not manifestly inappropriate, and there had been prima facie evidence to sustain it.
Criminal records: Blanket requirement for disclosure of all convictions and cautions incompatible with European Convention on Human Rights In R (on the application of T) v Chief Constable of Greater Manchester and others [2013] EWCA Civ 25 CA, the Court of Appeal held that aspects of the regime of criminal records certificates and enhanced criminal records certificates under the Police Act 1997 and the Rehabilitation of Offenders Act (Exceptions) Order 1975, requiring the disclosure of all police cautions to prospective employers, are incompatible with art.8 of the European Convention on Human Rights.

Also

Was this article helpful?