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Draper v Mears Ltd - Stage 1 letter in Disciplinary procedures [2006] EAT

The employee was found in a company van about to drive after consuming alcohol. The company had a zero tolerance rule as to driving after consuming alcohol. He was dismissed for misconduct. In rejecting his unfair dismissal claim, the tribunal held that the employers had complied with Stage 1 of the Standard Dismissal & Disciplinary Procedure by providing the employee with a letter setting out that the conduct complained of was "conduct which fails to reasonably ensure Health and Safety of oneself and others". The EAT has rejected his appeal.

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