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  • Frequently Asked Employment Questions - Can we rely on an expired warning when deciding whether to dismiss?
    No, in general, expired or "spent" warnings should not be taken into account when deciding whether to dismiss, though there are limited exceptions. Therefore, you shouldn't rely on any expired warnings as a matter of course, but only in a rare case can it be considered along with all other circumstances. Take legal advice if you think this is one of those rare cases. Instead, you would be better off retaining the right in your disciplinary procedure to extend the duration of warnings beyond the normal period...
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