Employers have different approaches to verbal warnings. In some businesses, a verbal warning is the first stage of the disciplinary process, so it is formal; for others, it is an informal, pre-disciplinary process stage. However, both are aimed at trying to get an employee to improve their performance.
The Acas code of practice does not provide a requirement for employers to use verbal warnings as a disciplinary measure. Instead, it requires employers to provide a first and then final warning process before dismissal (in all but exceptional cases).
Check your disciplinary policy
Check your company's policies to establish whether the verbal warning is part of the disciplinary process or not – there will be different consequences.
Informal warnings
Where verbal warnings are used as an informal sanction before the commencement of the disciplinary process, no defined process needs to be followed.
A brief note of the issues should be retained on file so that it can be referred to, if required, at a later stage. However, as with all warnings, it should be disregarded after a certain period of time (we would recommend one year) and clearly marked as an informal verbal warning.
On the record
Where a verbal warning is the first stage of a disciplinary process, the employee has the right to be accompanied by a colleague or union representative to any disciplinary meeting, and has the right of appeal. Failure to follow this will be a breach of the Acas code of practice.
After issuing a formal verbal warning, you should give written confirmation explaining what the verbal warning was for and how long it will last (again, we'd recommend one year as a maximum).
