Test your knowledge on whether employers can take lapsed disciplinary warnings into account

Earlier this year, we reported a case which dealt with the question of whether lapsed disciplinary warnings could be taken into account by employers.

The EAT had confirmed that an expired disciplinary warning could not be relied on to justify the dismissal of an employee for misconduct in circumstances where his fellow employees, guilty of the same misconduct but with clean disciplinary records, were not dismissed.

Members can now test their knowledge and understanding of this area of law with the help of an article written by one of our lawyers for the manufacturing journal, 'Works Management'. Following the recent case of Airbus UK Ltd v Webb, the article contains a question and answer format.

Members should note that since the article was written, an appeal is due to be heard against the EAT's judgment in the Court of Appeal in October 2007.