Warning Letter for Employee Following Disciplinary Meeting

What is a Warning Letter for Employee Following Disciplinary Meeting?

A warning letter for an employee following a disciplinary meeting is a formal letter an employer sends to an employee during the disciplinary process after the employer has held a meeting with the employee. The letter may be a general or final warning letter given to the employee. An example of where such a letter may be used is when an employer intends to discipline an employee for misconduct at the workplace.

Is it mandatory to have a Warning Letter for Employee Following Disciplinary Meeting?

No, in the strict sense, it is not mandatory for an employer to issue a warning letter to an employee following a disciplinary meeting. However, the employer should give one to the employee. This is because it will show that the employer has given the employee a fair disciplinary process and, as such, reduce the risk of a legal claim by the employee.

What are the prerequisites of a Warning Letter for Employee Following Disciplinary Meeting?

Before a warning letter is issued to an employee, there should be an ongoing or beginning disciplinary process in response to the employee's conduct. This disciplinary process will have been started in accordance with the employer's disciplinary policy.

Who does a Warning Letter for Employee Following Disciplinary Meeting apply to?

A warning letter following a disciplinary meeting only applies to individuals who have been hired under an employment contract. This means that independent contractors operating under a service contract or consultancy agreement cannot be issued such a warning letter. If the employer is dissatisfied with the actions of an independent contractor, it will have to address the conduct through the avenues provided in the contract (e.g the service agreement or consultancy agreement).

What has to be done once a Warning Letter for Employee Following Disciplinary Meeting is ready?

Once the warning letter has been drafted, it should be signed by the employer or by a person who has the authority to do so on the employer's behalf (e/g/ HR Manager, Welfare Officer), The letter should then be sent to the employee directly, either physically or by email. The employer should also keep a copy of the warning letter for its records.

What must a Warning Letter for Employee Following Disciplinary Meeting contain?

A warning letter for an employee following a disciplinary meeting should contain the following:

• When the disciplinary meeting was held;
• The conduct or poor performance the employee is being disciplined for;
• How the employer expects the employee to improve;
• Timescale over which the improvement should be made; and
• Consequences of the employee failing to improve.

Which laws are applicable to a Warning Letter for Employee Following Disciplinary Meeting?

Employment Rights Act 1996

Employment Act 2002

Acas Code of Practice

LRA Code of Practice

UK Government Guidance on Dismissal

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