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Diosynth Ltd v Thomson, re expired warnings and dismissals - Court of Session 31.1.06

The Court of Session rules that an expired warning cannot be taken into account in deciding whether a dismissal is fair. The original tribunal had held to the contrary when ruling that a dismissal was "fair". The EAT and now the Court of Session have overruled this, both, in effect, taking the view that an expired warning is analagous to a spent conviction - once it has expired, it has expired.

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