First written warning letter template

What is this for?

A First Written Warning Letter is a formal document that is issued to an employee to address any issues or misconduct in the workplace. It is typically the first step in a progressive formal disciplinary process that aims to improve an employee's behaviour or performance.

The letter is issued after a disciplinary hearing has taken place, and typically outlines the specific concerns or issues the employer has with the employee's conduct, and sets out expectations for improvement. It may also provide details on any consequences that may result if the employee does not improve their behavior or performance, such as further disciplinary action or termination of employment.

The letter is typically kept on the employee's personnel file, and may be used as evidence in any future disciplinary proceedings. It is important for both employers and employees to take the contents of a First Written Warning Letter seriously, as it is a formal warning that there are concerns that need to be addressed.

To ensure fairness, warnings should always be issued in accordance with the Company disciplinary policy, which should follow the ACAS Code of Practice in relation to dismissal and disciplinary procedures.

• Employment Rights Act 1996: Provides guidelines on the use of written warnings as part of the disciplinary process.

• Equality Act 2010: Ensures fair treatment during the disciplinary process, prohibiting discrimination based on protected characteristics.

• ACAS Code of Practice on Disciplinary and Grievance Procedures: Offers best practices for handling disciplinary issues, including the use of written warnings.

• Data Protection Act 2018: Ensures that employee data related to disciplinary matters is handled securely and confidentially.

Scenario: First Written Warning for Unauthorised Absence

ABC Limited, a retail company, faces a challenge when John, a sales department employee, exhibits a pattern of unauthorised absences. HR Manager Sarah is committed to ensuring a fair and impartial disciplinary process. She coaches the department manager, Alex, on how to handle the situation effectively.

Investigation

Sarah assigns another HR representative, Emily, to conduct an investigation into John's unauthorised absences. Emily reviews attendance records and gathers relevant information to maintain objectivity in the process.

Coaching the Manager

Sarah coaches Alex on how to approach the disciplinary process with fairness and professionalism. She advises Alex to remain objective, focus on the facts, and adhere to company policies and procedures. Sarah emphasises the importance of providing John with an opportunity to explain his absences and ensuring that the process is conducted in a supportive yet firm manner.

Invitation to Meeting

Following Emily's investigation, Alex invites John to a disciplinary meeting to discuss his unauthorised absences. The invitation includes the date, time, and location of the meeting, along with the specific allegations against John.

Right to Be Accompanied

Alex informs John of his right to be accompanied by a colleague or trade union representative at the disciplinary meeting. John chooses to be accompanied by his colleague, Mark, as per his rights.

Decision Aligned with Company Policy/Custom and Practice

During the disciplinary meeting, Alex presents the findings of Emily's investigation and gives John an opportunity to provide an explanation. John acknowledges his absences but explains that he had personal issues that required his attention. Alex refers to the company's attendance policy, which clearly states the procedure for reporting absences and the consequences of unauthorised absences. He also highlights the impact of John's absences on the team and the importance of adhering to company policies.

Outcome and Opportunity to Appeal

After considering John's explanation and the evidence presented, Alex, with guidance from Sarah, decides to issue a first written warning for John's unauthorised absences. Alex explains the consequences of the warning and informs John of his right to appeal the decision.

Conclusion

By coaching the manager and assigning a different HR representative to conduct the investigation, ABC Limited ensures fairness and impartiality in the disciplinary process. Sarah's guidance helps Alex navigate the situation with professionalism and adherence to company policies, ultimately promoting a positive employee relations environment.