If you or your business have been affected by the Coronavirus, please take a look at our support here: Coronavirus

0161 478 3800 | [email protected]

Law and HR, done differently.

Can a warning given in bad faith be relied on to dismiss an employee?

Can a warning given in bad faith be relied on for the purpose of determining whether there is sufficient reason to dismiss an employee?

No, held the Court of Appeal in Way v Spectrum Property Care Limited.

The Claimant was given a final written warning which he alleged was given in bad faith. The warning was taken into account by the Respondent in its decision to dismiss the Claimant for unrelated misconduct. The employment tribunal refused to hear evidence as to whether the warning was given in bad faith, and dismissed the claim for unfair dismissal.

The Court of Appeal found that an employer who took into account a warning given in bad faith would not be acting reasonably. The case was remitted to a fresh tribunal to consider whether the warning was given in bad faith, and in light of that, whether the dismissal was unfair.


Can a warning given in bad faith be relied on to dismiss an employee?

Join the hundreds of businesses that trust Peach for their unrivalled legal and HR services.

Peach Law was born out of a desire to provide clients with more flexible specialist employment law and HR expertise without the traditional call centre approach and without the need for rigid and expensive law firms. You’ll only ever speak to the senior individuals working on your account. You’ll get the information you need, when you need it.

A refreshing blend of legal & HR expertise.

Arrange a callback