Should expired disciplinary warnings be completely erased?
Posted in : Seamus Says - Employment Law Discussion on 7 June 2019
Seamus McGranaghan
O'Reilly Stewart Solicitors
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
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Seamus McGranaghan
O'Reilly Stewart Solicitors
The main content of this article was provided by Seamus McGranaghan. Contact telephone number is 028 9032 1000 or email seamus.mcgranaghan@oreillystewart.com
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