Stratford v Auto Trail VR Ltd [2016]

Posted In: Case Law
  • Case Reference
    UKEAT 0116_16_3110
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance
Issues covered: Unfair Dismissal ; Reasonableness of Dismissal; Expired Warnings

The employee in this case hardly had an exemplary record. In fact, he had been involved in 18 'serious discussions' about his poor performance over the years and was late on the day of his final disciplinary hearing because he went for a cigarette in case the hearing overlapped his morning break.

The key question was whether expired warnings could be taken into account when dismissing him for another serious offence - using his mobile phone on the shop floor. This falls under the GB legislation of the Employment Rights Act 1996 and, in particular, section 98 (4) i.e. having established a valid reason for dismissal (in this case, conduct) has been given by an employer, a tribunal must look

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This article is correct at 19/01/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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