The appropriate point of reference from an employment law point of view is
ACAS guidance and its code of practice. The relevance of this is explained
in the extracts below (from ACAS publication on dismissals). The implication
would seem to be that it would be fair to keep a record of a warning on file
after it has expired but it "should be disregarded for disciplinary
purposes". However, as other people have said, if the relevant procedure
says that it would not be kept on file after the expiry date it would not be
procedurally fair to keep it. I'm also a bit uncertain what ACAS thinks is
the purpose of keeping it if it has to be disregarded for disciplinary
purposes.
It is possible to have a string of final warnings if each has lapsed before
any further disciplinary offence.
Paul
ACAS has produced a Code of Practice (reprinted at Appendix 2 p.57).
This gives employers practical advice on how to deal with disciplinary
matters in a way which is fair and can be seen to be fair by their
employees. Tribunals take into account any provision of the Code which
appears to them to be relevant to any question before them. They do not
expect all employers to follow the Code to the letter regardless of their
particular circumstances, but to decide to what extent it is practicable and
necessary for an employer to do so given the size and administrative
resources of his or her firm.
Legislation specifically requires tribunals to take these factors into
account
when determining whether the employer acted reasonably.
The employee should be given a reasonable time to improve after
being warned.
Egs from Code of Practice:
Oral - In the case of minor infringements the worker should be
given a formal oral warning. Workers should be advised of the reason
for the warning, that it constitutes the first step of the disciplinary
procedure and of their right of appeal. A note of the oral warning
should be kept but should be disregarded for disciplinary purposes
after a specified period (eg, six months).
The final written warning should normally be disregarded for
disciplinary purposes after a specified period (eg, 12 months).
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
