Should expired disciplinary warnings be completely erased?Posted in : Seamus Says - Employment Law Discussion on 7 June 2019
Should expired disciplinary warnings be completely erased and not used, as case law has suggested, for reasons other than disciplinary purposes? Or could we use them for example for redundancy selection?
Seamus: Again, interesting question and I'll keep this brief in light of our timing here. And again, GDPR factors into this as well, but the main piece of case law really that you're looking at, it's Airbus UK Limited versus Webb, situation where a worker was given a final written warning. It expired. Three weeks later, there was an incident, essentially all staff were caught watching TV . . .
Scott: Watching TV.
Seamus:. . . in a room. All the staff were given final
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 the employment team at Worthingtons Solicitors
More on Disciplinary & Grievance
- Disciplinary Issues During Remote Working – How Do I Handle It?
- Hopkins v Revenue and Customs Commissioners 
- If an employee has failed to attend a disciplinary hearing, can we proceed in their absence?
- Coles v The Members of Fairwater Social and Athletic Club 
- Bradford v The State Hospital for Scotland 
More on Policies & Procedures
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.