Expired disciplinary warnings - Employment Law_Andersons Solicitors

An expired disciplinary warning cannot be taken into account when deciding whether to dismiss, the Scottish Court of Session has ruled in Diosynth v Thomson, a case involving an employee’s dismissal following a chemical explosion in which someone died.The fatal accident occurred five months after Mr Thomson’s written warning following an earlier incident had expired. He was dismissed on the basis that he was deemed incapable of following safety instructions even when brought to his attention in a disciplinary context.However, the Court of Session upheld the Employment Appeal Tribunal’s finding of unfair dismissal as it was by definition unreasonable to rely on an expired warning.

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