Relying on prior warnings
[ch 6: page 73]An employee on a final warning risks dismissal if they commit any further misconduct or fail to improve their performance. The EAT has confirmed, relying on the Acas Guide, that the dismissal is likely to be fair, and it is not even the case that the misconduct must be the same kind or on the same level of seriousness that led to the warning (Wincanton v Stone [2012] UKEAT 0011/12/1110).
As with all other aspects of the disciplinary process, whether it is reasonable to rely on a prior warning to justify dismissal depends on all the circumstances of the case. Factors that could make it unfair could include all those listed on page 76 that apply to appeals against any formal action. Note that there may be less chance of convincing a tribunal that it was unfair to rely on a prior warning if that warning was not appealed at the time.