Q: Can I dismiss a member of staff on a final warning if I’ve taken over a business from someone else?
Jun 12 2009
Answered by: Peter Done Ask a question
If this staff member has kept their length of service then they have also kept any active warnings. So their final warning will still be active. By taking over the business it is as if you have always been their employer. Therefore, you are entitled to take into account any warnings currently in existence on their personnel file if a further incident comes to light.
Bear in mind that you should only take into account escalating warnings for actions that fall into the same broad category. For example, if the final warning is for conduct matters then you can only take it into account if there has been a further issue of misconduct (although that doesn’t have to be the same act of misconduct).
If, having followed your disciplinary procedure, you decide that action is warranted and that extending the final warning is not appropriate then you can dismiss them. But don’t forget to give the right of appeal.
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