Can a final warning convert to dismissal on appeal?


Members are often put off appealing a Final Warning because of worry that it will be converted to a dismissal on appeal. A recent case, McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031, has confirmed that an employer is not allowed to increase the sanction on appeal, for example from a Final Warning to a dismissal. The only exception is where the written dismissal procedure clearly allows this. For more information see Chapter 10: Appeals.