Q We want to dismiss an employee of three years who has a poor absence record for various minor health issues, has previously received formal warnings and has a live written warning. Can we escalate immediately to dismissal?
A Relying on expired warnings to elevate conduct into a dismissible offence is likely to result in a dismissal being deemed to be unfair in tribunal, so focus is on the absence issues since the live written warning. Unless there are other factors that would justify skipping a stage, the nursery should move to the next stage in accordance with the nursery’s usual absence management process, which would usually result in a final written warning.
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