Final Written Warnings
In Bandara v British Broadcasting Corporation the EAT has upheld the decision of an employment tribunal that an employer had not been entitled to rely upon an existing final written warning when considering whether to dismiss an employee for further misconduct because the decision to issue the existing warning was ‘manifestly inappropriate’.
The EAT noted that, in general, earlier decisions by an employer should be regarded by the tribunal as established background that should not be reopened. However, an earlier disciplinary sanction can be reopened if it is “manifestly inappropriate”, i.e. if there is something about it that, once pointed out, shows that it plainly ought not to have been imposed.