No formal warning for previous misconduct led to unfair dismissal

In Fuller v London Borough of Brent [2011] EWCA Civ 267, Mrs Fuller was employed as an administrator at a special needs school. There were two incidents where she made comments about the treatment of disruptive students whom members of staff were trying to restrain.  The incidents occurred on 22 May 2007 and 19 October 2007.

During the first incident, the head teacher verbally warned Mrs Fuller that she should not interfere with the discipline or restraint of any student. Mrs Fuller was dismissed for her interference during both incidents - even though she did not receive a formal disciplinary warning for the first incident.

The majority of the Court of Appeal held that the tribunal was entitled to find that Mrs Fuller’s dismissal was unfair.  [Lord Justice Moore-Bick (dissenting) said that the case should be remitted to a fresh tribunal.]