Policy Guide: Disciplinary Warnings

Did you know when the statutory disciplinary code was revoked in 2009 the new ACAS guide removed the need for a verbal warning?  
I review many disciplinary policies and more often than not they still contain a verbal warning.  I always recommend removing it.

What comes first?
Stage 1 will be implemented due to:
•    An unsatisfactory response to an informal warning
•    Further related breaches of discipline within six months of an informal warning
•    A breach of discipline of such seriousness that a formal written warning is warranted.

The employee should be given a formal written warning giving details of the complaint, the improvement required, the time-scales allowed for improvement and the right of appeal.
The warning should also inform the employee that action under the next stage of the procedure may be considered if there is no satisfactory improvement reached or repeated misconduct.
A copy of the written warning should be placed in the employee’s personnel file but disregarded for disciplinary purposes after a period of 12 months, subject to satisfactory conduct.

If an employee gives an unsatisfactory response to a written warning what comes next?
Stage 2 would be implemented due to:
•    An unsatisfactory response to a written warning.
•    Further related breaches of conduct within one year of a written warning.
•    A breach of discipline of such seriousness that a final written warning is warranted.

The employee should be given a final written warning.  This should detail the complaint, warn the employee that failure to improve may lead to dismissal and refer to the right of appeal.  
A copy of the final written warning should be placed upon the employee’s personnel file but will be disregarded for disciplinary purposes after a period of 12 months, subject to satisfactory conduct.

When should dismissal be considered?
If an employee’s conduct following a final written warning is still unsatisfactory they should be dismissed with contractual notice.  The employee needs to be provided with a written statement confirming the reasons for dismissal, the date of termination and the right of appeal.

How do I deal with gross misconduct?
Normally an employee will be summarily dismissed without notice and without payment in lieu of notice if there has been an act of gross misconduct.
The employee needs to be given a letter confirming the reason for dismissal, the date of termination and be given the right of appeal.
Remember you must always follow the procedures by conducting an investigation into the allegations; and carry out a fair disciplinary hearing, irrespective of the seriousness of the case.
If you dismiss an employee without following your procedures it will automatically be unfair even if you consider it to be gross misconduct.