Warning Letter to Employee

This document represents a First Written Warning to an employee that their behaviour in the workplace, if not improved, will result in disciplinary action up to and including dismissal.

The First Written Warning describes:

(1) the employer's grievance and why the employee's behaviour is considered problematic;

(2) steps that could be taken to improve performance and resolve the issue;

(3) the disciplinary sanction that will follow if the impugned behaviour does not cease.

(4) A timeframe for the employee to address their shortcomings or else face further disciplinary action must be specified in the letter.

This First Warning Letter allows the user to communicate clearly and effectively the nature of the problematic workplace conduct and its potential consequences, while observing the legal limits constraining employee discipline and dismissal.

How to Use this Document

This document can be used by any employer (or employer representative) involved in a disciplinary process with an employee who fails to perform to the standards required for their positions and/or workplace.

The First Written Warning is the second step in a formal disciplinary procedure. First, the employee must be given a verbal warning by the employer. This is followed by a meeting to discuss the problems in the employee's performance and a period of monitoring the employee's conduct. If the employee fails to show any improvement over a reasonable period, then the First Written Warning can be issued. Employers should inform their employees that a written warning is being furnished, meet with them and provide them an opportunity to explain their failure to progress.

Applicable law

There is no law in Ireland which directly dictates how a Warning Letter to an employee should be constructed. However, issuing a Warning Letter to an employee occurs within the context of workplace disciplinary procedures and the potential for dismissal. These matters are governed by the Unfair Dismissals Act 1977 and Industrial Relations Act 1990 in Ireland. Accordingly, any Warning Letter sent to an employee must observe and comply with the requirements of those Acts.

This Warning Letter incorporates standards for fair procedures set out in the Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000. This reduces the possibility of an unfair dismissals claim. In Ireland, the Unfair Dismissals Act 1977 sets out limited grounds for dismissal. This document incorporates the language of the Act to ensure that the employer's grievance can be categorised according to the legitimate bases for disciplinary action and dismissal.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.