In JJ Food Service Limited v Kefil the evidence was that Mr Kefil was an overbearing and intimidating manager who harassed and bullied his staff. He had been warned by JJ Food Service Limited that his behaviour was unacceptable but he had not been given a final warning nor had he been told that, if his behaviour continued, he could face dismissal. His behaviour was, apparently, so intolerable that the employees collectively signed a letter of complaint against Mr Kefil. He did not respond to this letter and so JJ Food Service Limited dismissed him.

Mr Kefil claimed that he had been unfairly dismissed and the Employment Tribunal upheld his claim. It held that, despite the incontrovertible evidence of Mr Kefil’s awful behaviour, because JJ Food Service Limited had not told him that his behaviour would lead to his dismissal if it continued and because he had not had any management training, the response of the employer in dismissing him was not within the band of reasonable responses. The employer appealed, arguing that Mr Kefil should have known that he would be fired if he continued to behave in that way. However, the EAT upheld the Tribunal’s decision as they did not believe that the Employment Tribunal had (i) substituted their view for that of the employer; or (ii) that their decision was perverse and one which no reasonable Tribunal would make and consequently it couldn’t be overturned.

The importance of a Final Written Warning

The decision emphasises the importance of employers ensuring that employees are given formal warnings when their behaviour falls below the accepted standard and are informed of the consequences if such behaviour continues, particularly where dismissal is a possible consequence.

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The Importance Of A Final Written Warning