Mark McAllister is Director of Employment Relations Services with the LRA and part-time lecturer in Law. He specialises in employment law, dispute prevention and strategic collaborative working in industrial and employment relations. Mark is the former Northern Ireland Convenor of the Chartered Institute of Arbitrators, and the Chair of the NI ICSA Governance Institute. He is an accredited mediator, a member of the Employment Lawyers’ Group and the Industrial Law Society and is a regular speaker on the employment law circuit and contributor to employment law publications.
Mark: The central issue here is about warnings, and warnings are a particularly contentious subject matter in the workplace because they have an apparent shelf life, an apparent lifespan, and certainly, with the Labour Relations Agency and its code of practice, it's decided that, for example, if you have a live warning, it stays on record, for example, 12 months, and 12 months is usually the standard. After that it becomes what's referred to as expunged or spent or expired and cannot then be used to be resuscitated, if you like, in any future cases.
In this particular case, the pattern of behaviour – and it was a clear pattern of behaviour – was such that the employer was
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