The Claimant was dismissed after his 18th disciplinary offence, which was classed as misconduct and not gross misconduct. At the time of his dismissal, a previous final written warning had expired.
An expired warning can be taken into account by a tribunal when considering whether a dismissal was fair.
The EAT concluded that the employee was fairly dismissed. The employee’s previous misconduct, the fact that he had received a warning and the fact that that warning had expired were all relevant to, although not determinative of, the question of whether the employer acted reasonably. The employer had considered the employee’s history of expired warnings and believed that there would be future misconduct issues.