The Court of Appeal has held that an employer's decision to start a second set of disciplinary proceedings after an employee has already been disciplined for the same offence does not automatically render a subsequent dismissal unfair.
The Court of Appeal has reiterated the general principle that it is legitimate for an employer to take into account a prior final written warning when deciding to dismiss an employee, provided that the warning was issued in good faith and was not manifestly inappropriate.
This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.
The employment tribunal held that the claimant was unfairly dismissed for allegedly breaching the employer's policy prohibiting smoking in company vehicles.
This week's case of the week, provided by DLA Piper, covers constructive dismissal where there was more than one possible reason for the individual's resignation.