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Case law
Sabourin v BT Group Plc

Your employer must consider your performance after a final warning, not just before it.

The ruling

EAT quashed the fair-dismissal finding; case remitted to consider performance after the final warning.”

If you're dismissed for poor performance after a final warning, your employer has to look at how you actually performed since that warning, not just repeat the evidence that led to it.

  • Keep your own record of what changed after a final warning, including feedback, results, or support you received, since that evidence matters if you're later dismissed.
  • A dismissal decision based only on the record that produced your final warning, without considering what happened afterwards, may not have followed a fair process.
  • If you think your employer skipped over your recent performance when deciding to dismiss you, get advice on whether the process was fair before accepting the outcome.
Read the full case

The situation

A long-serving project manager working in a data compliance team was placed on an informal performance improvement plan after his manager raised concerns about nine areas of his work. When his manager considered there had been no improvement, the plan was formalised two months later, the improvement areas reduced to seven, and a first written warning issued. A final written warning followed in January, after which a more senior manager decided, around two weeks later, to dismiss him for poor performance.

What the tribunal found

The employment tribunal found the dismissal fair. It accepted that the senior manager genuinely believed the project manager lacked the capability to do the job, that this belief rested on reasonable grounds, and that the company had carried out a thorough and reasonable investigation before reaching that conclusion.

On appeal, the Employment Appeal Tribunal took a narrower view. The real question, the EAT said, was whether the senior manager had actually looked at the project manager's performance in the two weeks since the final warning, rather than just relying on the record that produced it. The tribunal had not addressed that question, so the EAT sent the case back for it to be considered properly, as part of the reasonableness test for capability dismissals under s.98 Employment Rights Act 1996.

Full citation

Sabourin v BT Group Plc, [2025] EAT 171, Employment Appeal Tribunal, 4 November 2025

Last reviewed 16 July 2026