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