What is a warning in the workplace?

When you issue a verbal warning, you also have to decide whether it is appropriate to start a disciplinary procedure. During such a procedure, you should investigate the incident and hold meetings to discuss the details of it, and then make a record of this information. When you are handling a conduct incident with an employee, it is important to be able to understand the different stages of a formal disciplinary procedure; there are crucial differences between verbal warnings and written warnings in terms of their formality, and at which stage of the procedure they should be applied.

Verbal (informal) warnings vs written warnings

It is common practice to issue an informal verbal warning during the beginning of a disciplinary procedure. A formal written warning can be issued during the last stages of a procedure if it is found that there has been misconduct and also if there is no improvement from the employee in terms of performance or behaviour. If you have gathered evidence during a disciplinary procedure that shows there has been an incident of gross misconduct, then you might think it is necessary to dismiss that employee without a warning. There are key differences between a verbal warning that has been written down and a formal written warning, and it is important to be able to distinguish between the two.

Verbal warnings

A verbal warning is a first warning at the beginning of a disciplinary procedure. According to Acas, verbal warnings are not formal but rather they are a first step in disciplining an employee. Good practices for issuing a verbal warning include the following:

• Find a private space to discuss the issue with the employee;
• Discuss the issue(s) with the employee;
• Inform the employee about the changes or improvements they need to make;
• Inform them of a timeframe to make these improvements;
• Let them know of any further consequences, such as a formal warning, if they do not make the required improvements.

You may wish to record a verbal warning for future reference. However, one of the main differences between a verbal warning and a written warning is that a verbal warning does not become a written warning when a record of it is made.

Written warnings

A written warning can be given to an employee at the end of a disciplinary procedure when misconduct or poor performance are confirmed. Unlike a verbal warning, this is a formal warning as described in the Acas Code. A written warning should include the following information:

• What the incident was, whether it is performance or misconduct related;
• What changes are necessary;
• The timeframe for improving behaviour or performance;
• The consequences of continued misconduct or poor performance;
• The duration of the warning;
• Regarding performance, any training that you will provide as an employer.

It is recommended by the Acas Code to issue a first written warning once there is confirmation of misconduct or poor performance. This is then followed by a final written warning if your employee’s performance has not improved during your given timeframe. The final written warning should include information about what would happen if they fail to improve their performance or behaviour.

Best practices for each type of warning

As an employer looking for a fair and constructive outcome to issuing a verbal and/or written warning, you should consider best practices for each alongside the standard procedures. Generally speaking, as a manager you should be able to clearly communicate objectives and requirements to your team. After all, the best long-term gain for your team is that the employee improves their performance and behaviour, and that the employee understands exactly what you require from them in their role. Fundamentally, you are looking for an employee with strong conscientiousness.

Best practices for a verbal warning

Even though a verbal warning is not considered formal by Acas, it is useful for you as the employer to have a record of the date the verbal warning was issued, and a clear description of why the warning was issued. Consider filling out a verbal warning form in order to make sure that all of the details recorded are as accurate as possible. That is because if there are any future disputes with the employee, or your employee makes allegations against your company, then you will have this information on record. If the employee does not improve their behaviour at work, then you can follow the verbal warning with a written warning.

Best practices for a written warning

A written warning states a timeframe for the employee to improve performance or behaviour. You should remain as transparent as possible with your employee about how you will go about monitoring their future performance and/or conduct, setting out your procedures for doing so clearly and specifically. They should be made aware of the consequences of this disciplinary procedure, and the necessary information included in the written warning.

Best practice if no issues with the employee are found during the disciplinary procedure

If you decide during a disciplinary procedure that your employee has no issues regarding misconduct or performance, it is still a sensible idea to discuss the outcome with them. This must be done in private, in order to settle the issue and keep a good relationship with that employee. Find out if they have any questions regarding the outcome, and make sure that they recognise that you continue to be confident in their behaviour and performance.

Offering a right of appeal

When issuing a warning to an employee, you should prepare somewhat for the possibility that they may wish to dispute the details of your warning. It is common practice to offer an employee a right of appeal during a disciplinary procedure, as they might believe that the outcome is either too harsh, or that some aspect of the disciplinary procedure was not fair. An employee who has been dismissed after a disciplinary procedure may take their case to a tribunal on grounds of unfair dismissal, and so having contextual information about the procedure and relevant warnings will save you time and money in the long term.