Stratford v Auto Trail VR Ltd [2016] UKEAT 0116

Expired warning can be taken into account for ‘fair’ dismissal

The EAT held in this case that an expired warning can be taken into account as part of the overall circumstances under section 98(4) Employment Rights Act 1996 when the ET is considering whether a dismissal was fair or unfair.  The facts of the previous misconduct, the fact that a warning was given and the fact that it had expired, were all relevant matters.

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