Written Warnings Guide

Knowing when you need to issue a written warning to a staff member is tricky. It can be an unpleasant process but is necessary if employees are breaching company policy or acting in a way that’s likely to cause problems for your business or other members of staff. Warnings should only be issued after the investigation and disciplinary meeting has taken place.

This article outlines everything you need to know about issuing written warnings to a member of staff. We cover best practices and provide helpful advice on improving your disciplinary process here.

For immediate advice on issuing a written warning or for any other HR issues, get in touch with one of Croner’s experts here.

What is a written warning?

You usually give this type of warning after an initial ‘verbal’ warning has taken place and failed to resolve the issue.

This is all part of a well-executed disciplinary process to handle any misconduct issues in your organisation and a written warning will demonstrate the severity of the misconduct.

The typical order is as follows:

• Verbal warning.
• First written warning.
• Final written warning.

When should I issue a warning?

It depends on the severity of the misconduct.

Employers tend to issue written warnings when a further act of misconduct occurs after a verbal warning has already been issued or if the conduct is more serious but not gross misconduct. Warning levels depend on the severity of the misconduct.

If an employee commits and an of gross misconduct (fundamental breach to an employer’s operation) which is proven, the employee can be dismissed without notice, but only after a fair procedure.  

The letter should include details of the offence as well as the consequences of it, but we’ll go into further detail on what to include in our template later in the article.

How to write a final written warning

If you have conducted a disciplinary hearing, following a potential case of misconduct, and have found enough evidence for you to believe misconduct did occur, the next step is to issue the employee with the outcome letter.

Before you even consider writing your warning, however, you should consult and ensure you are aligned with your company’s disciplinary policies.

Make sure your decision to issue your letter is in line with the offence.

When planning the final written warning, the letter should include as much relevant information about the issue as possible.

This includes:

• Date and time of the offence.
• Any previous warnings given (verbal or otherwise).

When writing the warning you should endeavour to be as specific as possible.

Specify the issue in detail, including dates, people involved, and the nature of and why you have come to the conclusion to issue a warning.

Also, include details of what will happen if the employee’s behaviour does not adjust following the meeting.

Usually, this means stating that should there be any repeat of misconduct, or any misconduct, then they may be liable to further disciplinary action in line with the disciplinary procedure.

If issuing the warning in person, it is best to get the employee to sign to say that they have received it. If sending the warning by post it is advisable to send it via tracked post. Likewise, if emailing the warning to the employee then employing tracking and read receipts would be advisable.

This also gives you the chance to ensure the employee understands the warning, and the implications if they fail to heed it. You should also state in the letter the employee’s right to appeal and the procedure for going about this.

Written warning template

You should tailor your letter to a particular situation. However, you can structure a basic written warning like this:

Dear (name of employee),

• State why you are writing to the employee, further to the disciplinary hearing that has been held, and what the allegations were that were discussed in that hearing.
• Detail the nature of the offence, incident, or behaviour and the employee’s explanation for the misconduct. Also explain why you consider the explanation to be unsatisfactory.
• State how long you’ll place the written warning on their file, and if you intend to disregard it after a certain amount of time.
• Note how you expect the employee to improve (you may add a timescale of expected improvement).
• Describe the consequences of further offences or failure to improve.
• Explain the employee’s right to appeal, and the timeframe in which they must do so.
• Finalise with a space for yourself and your employee to sign.

How many written warnings do I give before dismissal?

Warning levels are set out in the disciplinary procedure. The exact warning levels are dependent on the severity of the misconduct.

If something is so serious it warrants dismissal for gross misconduct, employers should still follow a fair procedure. Like any conduct case, you should always conduct an investigation and disciplinary hearing to determine the truth behind the claim. Otherwise, you leave yourself open to claims of an unfair dismissal claim.

Employee queries

Employees naturally have lots of questions when it comes to the letter they receive.

Let’s answer a couple of the most common queries here, so that when your employee asks you can reply with confidence.

• “How long does a final written warning last?” Typically, a warning lasts a set period of around 3 to 6 months, and a final one lasts around 12 months. However, the timeframe of a warning is dependent on the employee’s contract of employment and past precedent.
  
  
• “Can I be sacked without a final written warning?” Yes. But only in cases of gross misconduct, and even then, the employer should conduct an investigation and a disciplinary hearing, and you should have a chance to appeal against the decision.

For employees wanting to find out how to write an appeal letter, you can direct them to Citizen’s Advice or ACAS, both of which provide guidance and some free material on how to do so.

Staff members who are appealing the disciplinary procedure should be aware they can only appeal within the timeframe set out in the written warning letter. This should reflect the disciplinary procedure in the contract of employment or employee handbook.

Disciplinaries are tough

Not only can they be difficult to navigate, but they can also be mentally and emotionally draining. Croner has a team of award-winning HR consultants who are able to help you through the disciplinary procedure and help when issuing written warnings.

We've been helping businesses for over 80 years and our advice line is open 365 days a year, 24 hours a day.

Why not speak to a Croner expert on 0800 470 2877