How Should Employers Treat Previous Warnings When Deciding Whether to Dismiss?

    View Authors December 2012
    How would you deal with an employee who has a written warning on his file and then commits a further (but possibly different) act of misconduct?  Would you take that previous warning into account when deciding what sanction to impose?  In this month’s Review we consider the recent case of Wincanton Group Plc v Stone (1) & Gregory (2) in which the EAT gave some useful practical guidance on how to treat previous warnings when deciding whether to dismiss.  The good news for employers is that provided disciplinary warnings were issued in good faith they can generally be relied upon in any subsequent disciplinary proceedings, and a Tribunal has no right to re-examine them.