Warning Letter for Employee Following Disciplinary Meeting

This letter should be used by an employer to issue to an employee the warning letter during the disciplinary process. This letter may be used as a general warning letter or a final warning letter. When issuing warning letters to employees, employers should make sure to follow procedures which are fair and reasonable in line with the Acas Code of Practice (England, Scotland and Wales) or the Labour Relations Agency Code of Practice (Northern Ireland).

How to use this document

This letter should be issued to an employee by an employer where the employer is dissatisfied with the conduct and/or performance of an employee. It should be signed by the employer or by a person the employer has instructed to carry out the disciplinary process, such as a Human Resources employee.

This letter should be delivered directly to the employee. It should not be shown to any employees who are not involved in the disciplinary process of the employee who is receiving the letter. Before this letter is issued, the employer should hold a disciplinary meeting with the employee and explain why the employer believes the performance or conduct of the employee has been poor. The employee should be given the chance to explain or justify why their performance and/or conduct has been poor.

If the employer is not satisfied with the explanation given by the employee then this letter can be issued to the employee. This letter will include details of:

• when the disciplinary meeting was held;

• what the nature of the poor performance or conduct was;

• how the employer expects the employee to improve;

• the timescale over which this improvement should take place; and

• consequences of the employee failing to improve.

Once the employer has issued a warning letter to an employee, a copy of this letter is kept in the employer's records or relevant employee file. Where this letter has been issued to the employee in the first instance and that employee's performance or conduct has failed to improve, the employer may choose to issue another written warning. This warning can be another general warning or a final written warning. A disciplinary meeting with the employee should be held at every instance before issuing a warning regardless of how many written warnings the employee has previously had.

When another written warning is issued, it should include a revised timescale and details of expected improvement from what was in the first written warning. Where the employer decides that this is a final warning letter, the employer should state in the letter that if the employee does not improve their performance or conduct then dismissal will be considered.

It is standard practice to issue at least three written warnings before dismissal of the employee can be considered. It should also be noted that where an employer has included its disciplinary procedure within contracts of employment, they could breach the terms of the contract if that disciplinary procedure is not followed.

Applicable Law

Employment Rights Act 1996

Employment Act 2002

Acas Code of Practice

LRA Code of Practice

UK Government Guidance on Dismissal

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