An employee was disciplined (Written Warning) 13 months ago. We have a progressive discipline policy where you start with a clean sheet after 12 months of discipline-free performance. If the employee then commits a similar violation, can previous discipline which has dropped off be considered in giving discipline. The manager said to the employee that if another employee had committed the same violation, they would have received a Verbal Warning. But since this employee had previous violations (over 12 months old), a suspension was given.
Is this fair/ legal/ correct?
Is this fair/ legal/ correct?