Should expired disciplinary warnings be completely erased?

Posted in : Seamus Says - Employment Law Discussion on 7 June 2019
Seamus McGranaghan
O'Reilly Stewart Solicitors
Issues covered:

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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This article is correct at 07/06/2019

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.

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

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