Expired disciplinary warnings
The ACAS Code of Practice on Disciplinary and Grievance Procedures is taken into account by tribunals and is used by them as a guide to good industrial practice.
The ACAS Code recommends that:
- first written warnings should be active for six months;
- final written warnings should be active for twelve months; and
- only in the case of extremely serious conduct, which is bordering on gross misconduct, should warnings remain active indefinitely.
In Airbus UK Limited v Webb (2006), Mr Webb was employed as an aircraft fitter. In July 2004, he was initially summarily dismissed for gross misconduct because he had allegedly fraudulently misused company time and equipment by washing his car when he should have been working. However, on appeal, a final written warning was imposed, which was expressed to remain on his personnel file for 12 months. When he was reinstated, he was sent a letter informing him that further misconduct was likely to
