There is no specific legal requirement for how long a written warning will last and stay on record for. However, there must be a timeframe specified to avoid legal complexities.
The timeframe depends on the severity of the misconduct, the organisation’s disciplinary policy, and the type of industry and profession.
What Are the Different Types of Warnings?
There are 3 different types of warnings given during the disciplinary process which are in the order of severity below.
- Verbal Warning
- First Written Warning
- Final Written Warning
1. Verbal Warning
If an employee displays minor misconduct or unacceptable behaviour, a verbal warning may be given straight away with a timeframe to rectify the situation and make any necessary changes.
Alongside this, consequences of a written warning if it is not corrected should be made clear. Although verbal, a note of this warning should be made and kept on record for a timeframe that is fair and proportionate to the level of misconduct.
2. First Written Warning
As mentioned above, if the changes have not been made within the specific timeframe, other misconduct has occurred, or more serious behaviour was displayed to start with, a first written warning may be given. This will be after an investigation and disciplinary meeting.
Another timeframe should be given for improvements to be made and consequences of a final written warning if there have been no improvements should be made clear. Again, a note of this warning should be made and kept on record for a timeframe that is fair and proportionate to the level of misconduct.
3. Final Written Warning
Once more, if no improvements have been made, the misconduct has continued or a first offence is serious enough, a final written warning may be given. A timeframe will be given to match the severity of the misconduct as a chance for changes to be made.
A note of this warning will be kept on record for a specific timeframe in proportion to the level of misconduct and consequences of dismissal will be made clear if no changes have been made.
How Many Written Warnings Are Given Before Dismissal?
As you can see, the different types of warnings depend on the severity of the misconduct. The amount of written warnings given before dismissal also depends on the severity of the misconduct and the individual organisation’s disciplinary guidelines.
Only in the most extreme cases of gross misconduct will employees be immediately subject to dismissal. An investigation and disciplinary hearing must always be conducted to determine the truth behind the claim to avoid the risk of an unfair dismissal claim.
Can Written Warnings Be Given Before Verbal Warnings?
There are no strict rules to how warnings are issued to employees, so written warnings can be given before verbal ones. It is common practice for verbal warnings to be given before written ones, so the issue is resolved immediately.
It all depends on the individual organisation’s disciplinary guidelines and will be written down for all staff to access. It should detail the how many warnings are required before a final written warning or dismissal.
What’s the Difference Between Written Warnings & Disciplinaries?
Written warnings are part of a disciplinary procedure, so therefore they are one in the same. The different types of warnings detail the 3 stage disciplinary process. The first stage, with a verbal warning, marks the start of a disciplinary procedure where employers should investigate, discuss and record details to refer back to during the process.
The disciplinary process should be clearly defined in the company policy or employment contract. If you need to help creating your policies and procedures documents or updating your existing ones, Premier Legal can help.
If you’re an employee and feel like you’ve been unfairly dismissed, we can help and advise you with your unfair dismissal claim. Call us, email us or visit our website to find out more or get in touch to discuss your situation.
