Reminder As To Why You Need to Keep Personnel Files Up to Date!

The Employment Appeals Tribunal has upheld a decision (Stratford v Auto Trail VR Ltd UKEAT/0116/16) that an employee was fairly dismissed when, having decided that a disciplinary offence merited a final written warning, the employer went on to dismiss the employee after considering his history of expired warnings and its belief that there would be future conduct issues.

The Court held that once an employer finds an employee guilty of an offence of gross misconduct, the employee's disciplinary history (including expired warnings) can be taken into account when determining sanction.

The employer is still bound by the age old question of whether the employer acted reasonably or unreasonably and to the equity and the substantial merits of the case for the purposes of section 98(4) of the Employment Rights Act 1996 but it is interesting to see the Appeals Tribunal allowing expired warnings to impact that reasonableness test.

A reminder to keep personnel files up to date and accurate.

Posted on 01/12/2017 by Ortolan

Get in Touch

If you would like to know more about Ortolan Legal and how we can help you reduce your ongoing recruitment costs, get in touch!

Email us now

   Or call 020 3743 0600

I’m delighted to recommend Ortolan Legal. They have provided us with excellent commercial advice at very competitive rates.

Alan Halsall, Chairman Silver Cross
See All
Receive news & updates from Ortolan Legal

Meet the Team

  • Nick Benson Nick Benson I qualified as a commercial and corporate solicitor…
  • Liz Delgado Liz Delgado I qualified as a solicitor in 1995 after studying…
  • Carrie Beaumont Carrie Beaumont I qualified as an Employment specialist in 2008. I…