The Dangers of Using Previous Warnings in Disciplinaries – practical tips – (1) Employers cannot assume that a tribunal will not look behind a warning simply because the employee failed to appeal it; (2) if a warning is subject to an appeal an employer should hold off making a decision to dismiss that relies on the warning; (3) It may be fair to discipline twice for the same disciplinary offence but in most cases only if new evidence comes to the fore. If in doubt seek legal advice.
