Important: This website uses cookies primarily for analytics and communication purposes.
Cherington HR
Home Our Business Services About Us Clients Contact Us Newsletters
© Cherington HR Ltd 2019


The risks of taking previous warnings into account
Many employers will have dismissed an employee on the basis of previous warnings for misconduct under a “totting up” system. However a recent case in the Court of Appeal has indicated that to dismiss an employee if there is any cause for concern about the nature of those warnings – i.e. if there is any indication that they have been given in “bad faith” could render a subsequent dismissal to be unfair.

In this particular case The Court of Appeal indicated that an employer who took into account a warning given in bad faith would not be acting reasonably. The case was sent to be heard by a fresh tribunal to consider whether the warning was indeed given in bad faith, and the fairness of the dismissal in light of that.
Posted on 19 Nov 2016

Cherington HR Limited is registered in England and Wales Company No. 5780092. VAT No. 879 0946 64
Registered Office: Cherington House, Mulberry Drive, Upton upon Severn, Worcester, WR8 0ET, England

The cheringtonhr® name and logo are UK registered trade marks owned by Cherington HR Limited.

Cherington HR Ltd. Website Privacy Policy