Stratford v Auto Trail VR Ltd 
Case ReferenceUKEAT 0116_16_3110
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
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.