In Bandara v BBC, the Employment Appeal Tribunal (EAT) has held that the claimant employee's dismissal could be fair. The EAT agreed with the Employment Tribunal (ET) that on the facts the issuing of the final written warning was "manifestly inappropriate". However, in determining whether the dismissal was fair, the standard remained the objective standard of the reasonable employer.

The EAT referred the case back to the ET to consider whether the claimant employee's conduct had been sufficient for dismissal without the final written warning. In other words, the ET had to decide how much weight had been placed on the final warning by the employer to support the dismissal.

What Should Employers Do Next?

Employers should take confidence that a single misstep in the disciplinary process will not necessarily prevent the desired outcome being reached. Each dismissal will be assessed on all its facts in the context of the reasonableness of the employer's decision.