Old chestnut alert: Expired warnings and drinking in the last chance saloon
by Philip
Can an employer take into account an expired warning?
The Court of Appeal in Airbus and Webb have said yes.
An expired warning can be taken into account if a similar offence has taken place after a warning has expired. An expired warning cannot, of course, be totted up if the offence is misconduct rather than gross misconduct.
If, for instance, an employee has committed an act of gross misconduct, say for abusing an employer’s Acceptable Use Policy, an employer can give him a final written warning as “a last chance.”That warning would last 12 months.
If the employee commits the same or similar offence of gross misconduct one month after the warning has expired, the employer can dismiss summarily and take into account the fact that the employee has had his “last chance.”
In the Airbus case a number of employees were caught watching tv in Company time. Mr Webb was dismissed as he had received a final written warning, some 13 months previously for the same offence. The other employees were given a final written warning, as they had clean records.
If your employer shows leniency and allows you to drink in the last chance saloon, you will probably only be allowed one visit. If you then do the same thing after your visit to the last chance saloon has expired, any cry of “time gentlemen please”is likely to be fair.
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