It is reasonable for an employer to take a current, final written warning into account when dismissing for subsequent misconduct, provided it was issued in good faith, there were at least prima facie grounds for imposing it and it had not been manifestly inappropriate to issue it.

A dismissal relying on such a warning was fair, despite the employer’s failure to consider evidence which might have shown that the employee was innocent of the initial alleged misconduct (Davies v Sandwell Metropolitan Borough Council, CoA).