Final written warning and further allegations

[abitoffluff]

The situation is that a final written warning was issued last June. My understanding is that this expires in a year, so June of this year.

However, further allegations of misconduct have been brought forwards. I suppose I’m just wondering if anyone knows what the most likely outcome is and I realise that no one can answer this. I don’t think on their own the allegations would be a sackable offence but given there’s a final written warning on file, that obviously complicates matters.

Are these allegations true?

Are you guilty of misconduct?

Sounds like a nightmare employee.

It isn’t mine - that’s why I’m being a bit cagey! I am very concerned though, but employment law isn’t my forte and the union haven’t been enormously helpful.

Is this your partner?

What type of misconduct? And are the allegations of new or historic incidences? He’d be an absolute idiot not to have been beyond reproach with this hanging over him.

However, further allegations of misconduct have been brought forwards. I suppose I’m just wondering if anyone knows what the most likely outcome is

If someone already has an allegation of gross misconduct hanging over them, then adding to their own already besmirched character by further misconduct is foolhardy and highly likely to give their employer the justification they need to get rid of them from the workforce.

Largely that’s what I’m so worried about. For them to lose their job at this point would be catastrophic, for all sorts of reasons. I probably can’t help much but I can help prepare for the most likely outcome.

Theoretically if it’s a final warning then ANY minor misconduct within the live period could result in dismissal. If it did, it has to be dismissal with notice in that scenario.

However they may not dismiss - it still has to be fair and reasonable in all the circumstances. And I had a client recently who dismissed someone who had two previous live final warnings on his file as they wanted to give him (numerous) more chances.

(I’m an employment lawyer)

In a nutshell, yes the final written warning would most likely be taken into consideration if new allegations are found to be true. There would need to be an investigation and hearing into the new allegations first.

It’s a long shot but depending on how the final warning was written they may be able to argue that the behaviour in the new allegations is completely different and so the final warning shouldn’t be factored in. For example the final was related to a health and safety breach but this time it’s timekeeping. Could be a tough one to argue though.

This is a good point too. Particularly if there’s any argument that one warning was conduct based, and the other capability based, as they should be two separate processes.

Thank you both. I really appreciate you taking the time to answer.