Simmonds v Milford Club UKEAT/0323/12; (2013) EMPLR 014
Termination of employment - final warnings
6 December 2012
Employment Appeal Tribunal
Slade J, Ms V Branney and Mr B M Warman
A final warning may be relied on by employers when dismissing for further misconduct so long as the warning was not manifestly inappropriate. This case is an example of when an earlier warning might be regarded as manifestly inappropriate.
S was given a final warning for asking his wife to deposit the club's takings while he waited outside in the car, having been unable to park.
He was then disciplined for giving staff a £15 bonus instead of a bottle of wine as instructed. Because of the earlier warning, he was dismissed.
S appealed against a tribunal's conclusion that the dismissal was fair. The EAT overturned the tribunal's decision because the tribunal had not considered whether the earlier warning was manifestly inappropriate. The case was sent back to the tribunal to consider this.
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