What is a warning in the workplace?

A warning in the workplace is a formal notification to an employee about issues with their conduct or job performance. It can be verbal or written, serving as a step in the disciplinary process to address minor misconduct or unsatisfactory performance. Warnings aim to encourage employees to improve and may prevent further action, such as a disciplinary hearing.

When is it appropriate to issue formal or informal warnings?

When you’ve set clear expectations for an employee’s job performance and your workplace has provided a code of conduct to staff, issuing a warning to address negative employee performance or behaviour may be appropriate. This often resolves problems with no need to take further action.

However, even if you know or suspect that the issue requires formal disciplinary action, issuing a warning is still the first step in the process, giving the staff member a fair chance to address the problem and protecting your company from potential legal action.

Verbal warnings vs written warnings

An informal verbal warning is typically the first step in an employee disciplinary process, suitable for performance issues or minor conduct infractions. If the issue persists, a formal verbal warning, written warning or possible further disciplinary action may be necessary.

Verbal warnings can also be issued at other stages in the process, for instance, after a disciplinary meeting, investigation or hearing if the problem recurs.

Documenting verbal warnings is good practice, though distinct from written warnings, which often follow if the employee does not improve.

However, following this order isn’t a legal requirement – issuing a verbal warning can also be the first stage of disciplinary action, depending on the severity of the issue or your company’s disciplinary policies.

Issuing a verbal warning at work

In a verbal warning, an employer meets with an employee to discuss specific conduct or performance concerns. There are two types of verbal warnings: informal and formal.

An informal verbal warning is typically used for minor misconduct that can be resolved quickly and is usually given during a casual one-to-one between the employee and their line manager.

Formal verbal warnings require a more structured approach, often including a disciplinary hearing. For a verbal warning to be legally recognised, you must first conduct an investigation and a hearing.

Typically, a verbal warning will last for three to six months. A formal written warning may be considered a viable alternative to a formal verbal warning.

You may wish to use a verbal warning template or record a verbal warning for future reference. A verbal warning letter can provide written confirmation of the warning and encourage improvement.

After giving a verbal warning, document the conversation to create a written record. Aim to include the date, time, attendees, issue discussed and the agreed-on improvement plan and timeline.

Issuing a written warning at work

You can issue a written warning at the end of a disciplinary procedure if misconduct or unsatisfactory performance is confirmed.

While a verbal warning can be informal, a written one is always formal.

Here are some key points to include:

• What the incident was, including whether it’s performance or misconduct related
• What changes are required
• The timeframe for improving behaviour or performance
• The consequences of continued misconduct or subpar performance
• The duration of the warning
• Any training or mentoring you’ll provide to assist with the issue

You may issue multiple warnings, starting with a verbal or written notification once evidence confirms the issue. This can be followed by a final written warning if the poor performance or behaviour hasn’t improved during the given timeframe.

The final written warning typically includes information about possible consequences if the employee continues not to improve.

If the employee fails to improve after receiving a formal or final warning, further action, such as a full disciplinary investigation, may be required.

When is further disciplinary action required?

While warnings are a form of disciplinary action, you may also need to decide if starting a formal disciplinary procedure is appropriate.

This typically depends on the severity of the issue or your workplace’s disciplinary policies.

Before taking stricter action, review your disciplinary policy, company policy and the staff member’s employment contract. Provide written confirmation of verbal or written warnings and give formal notice for any disciplinary hearings, providing the employee with a place and time.

You’ll likely also need to follow a documentation process, completing specific disciplinary action forms.

Once you’ve decided to proceed, the employee must be informed of their right to be accompanied at the disciplinary hearing (for instance, by a trade union representative).

After the hearing, you’ll need to decide on the most appropriate action to address the employee’s behaviour, based on the evidence presented.

If you are considering dismissal, this needs to be for fair reasons, a requirement under UK law. Dismissals are usually only possible after a lengthy disciplinary process, involving warnings and opportunities for improvement.

However, with incidents of gross misconduct, you may be able to dismiss an employee without a warning. Don’t hesitate to seek specialised advice in such matters.

Regulatory compliance

When issuing warnings, you must follow a fair disciplinary procedure that complies with your company policies, employment law, and the Acas Code of Practice.

Mishandling warnings exposes your business to discrimination claims and compensation fees, as employees can cite Acas Code violations during a tribunal. It can also be beneficial to review the Equality Act 2010 and the Employment Rights Act 1996 to ensure legal compliance.

Best practices for each type of warning

To issue warnings effectively, communicate expectations clearly, handle problematic behaviour constructively, and respect the employee’s right to representation.

Let’s review some tips for issuing warnings.

Verbal warning best practices

To handle verbal warnings effectively and fairly, aim to maintain professionalism and clarity throughout the verbal warning procedure.

Consider these best practices when you next issue verbal warnings:

• Refresh your understanding of the employee’s contract and your company’s policies for employee misconduct
• Find a quiet, private space to hold the verbal warning conversation to avoid embarrassing the employee in front of their peers
• Provide detailed information about the misconduct or performance issues prompting the warning
• Specify whether it’s an informal or formal verbal warning
• Inform the employee about the changes or improvements they need to make
• Inform them of a timeframe to make these improvements
• Clearly communicate how long the verbal warning will remain in effect
• Let them know of any further consequences, such as a formal warning, if they fail to improve or if there’s further misconduct

Written warning best practices

Written warnings ideally communicate to the employee the expectations for improvement and the consequences of continued issues.

While there is considerable overlap with the best practices for verbal warnings, here are a few additional points to consider when issuing a first written warning:

• Outline how you will monitor and assess the employee’s progress during the specified improvement period
• Detail the procedures that will be followed
• Provide any relevant support or training that will be offered to assist the employee in meeting the required standards
• Ensure the written warning is documented and communicated clearly and professionally
• Written warnings become a formal part of the employee’s disciplinary record, kept in the employee’s file

Issuing written or verbal warnings at work is a key part of managing employee conduct and performance. Following a fair disciplinary procedure, documenting actions clearly and communicating expectations help to encourage improvement and protect your business legally.

Whether informal or formal, warnings provide the chance to correct an employee’s behaviour before issues escalate and more serious disciplinary action is required.