Yes, unless it was issued in bad faith or was manifestly inappropriate, says the Court of Appeal in Davies v Sandwell. Otherwise, past warnings should not be reconsidered.

This must be right. It has always generally been the case that Employment Tribunals have been very reluctant to reconsider or look behind a previous written warning when considering the fairness of an employers later dismissal particularly if the employee never appealed it at the time.

At least it is now possible to ask a Tribunal to reconsider the fairness of  a previous written warning in particular circumstances. This will be of particlar signifcance to employees who have been dismissed whilst on a Final Written Warning that itself was issued in dubious circumstances.

Dean Morris






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