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Chapter 6
Expired warnings
[ch 6: pages 56-57]The Acas Code says that except in special agreed circumstances, performance warnings should be disregarded for disciplinary purposes after a fixed period of satisfactory performance. That period should be clearly stated in the procedure. It is not normally fair to take expired warnings into account when deciding whether to dismiss, but there can be exceptions (Airbus UK Limited v Webb [2008] IRLR 309, CA).