60 second guide to written warnings
1 min read
Written warnings are a key component of a disciplinary or performance management process. Where an employer ultimately wishes to move to dismissal and defend an unfair dismissal claim, they are an essential step to have followed (except in very limited cases).
Coded warning
The (relatively short) Acas Code of Practice on Disciplinary and Grievance Procedures 2009 provides for two written warnings – first and final – to be made prior to moving to dismissal (subject to exceptions). In practice, many disciplinary policies provide for more than two written warnings to be issued prior to dismissal – always check your own procedures to ensure you follow them properly.
The Acas code provides for workers to have the right to be accompanied to a disciplinary meeting which could result in a written warning being issued, and for employees to have the right to appeal written warnings. Employment tribunals take the Acas code into account and can adjust awards upwards by 25% if an employer unreasonably fails to comply.
Clean sheet
Employers often ask how long written warnings should remain on an employee's record. Interestingly, the Acas code does not set down a specific period. Generally, warnings should state how long they will remain live.
Our view is that written warnings should be disregarded for the purposes of progressing an employee to the next stage of the disciplinary procedure after one year. That said, it can be useful to retain lapsed warnings in case the same offence is committed again and you need to assess the credibility of the employee's explanation.
