Disciplinary Warnings
It may be necessary to formally warn the employee about their conduct or performance. This should include the details of the nature of the misconduct and the change in behaviour that is required. The type of first warning will vary depending upon whether you are dealing with a conduct or performance issue.
For unacceptable conduct...
a first formal written warning should be given to the employee. A copy should be kept on file for a period of up to 6 months. The employee should also be told that a final written warning may be issued if there is no improvement.
For unsatisfactory performance…
the employee should be given an improvement note that details the problem, the improvement required, the timescale for improvement, a date for review and any support that is available to them.
A final written warning…
could be issued at any time during the life of a written warning or improvement note where there is no improvement in behaviour or performance. You could also issue it straightaway if their offence is thought to be sufficiently serious but does not yet warrant a dismissal. The warning should be kept on file for a period of up to 12 months together with a note that further misconduct or poor performance may result in a dismissal.
Dismissal…
should be the final step and taken only if there is no employee improvement to a required level.
Time limit for warnings
Apart from special circumstances there should be agreed time limits after which disciplinary action can be disregarded because of good behaviour or conduct.
Things to consider
- The time limits should be established when the disciplinary procedure is being drawn up.
- You may have different periods for different types of warning.
- Written warnings normally remain on file for up to 6 months or, in the case of a final written warning, up to 12 months.
- Warnings can be disregarded, after the specified period, for future disciplinary purposes.
- You can still issue a further warning before a current one expires.
An employee’s conduct may regularly lapse…
after warnings expire. Your records should help you identify such patterns of behaviour. In these cases you will need to consider whether or not moving to the next stage in the procedure is warranted.
Misconduct may be so serious…
that it cannot be ignored for future disciplinary purposes. Whilst this is not to be considered lightly, you should make it clear to the employee that the final written warning will remain on record and any recurrence of the misconduct will result in dismissal.