Written Warning/Discharge Notice

State:
Multi-State
Control #:
US-0066BG
Format:
Word; 
Rich Text
Instant download

Description

In most cases, you will base your decision to terminate an employee on aspects of the person's work performance, such as excessive absenteeism, failure to complete projects on time or misuse of company property. Provide preliminary disciplinary action, such as verbal warnings and written warnings, for infractions before you opt for discharge. This gives the employee an opportunity to make adjustments to avoid termination. Document all disciplinary actions in writing, including the dates and times of the infractions and the actions taken in response to the infractions. If the employee does not improve his performance, documentation prevents the employee from claiming that you terminated his position without warning. Ask the employee to sign all disciplinary documentation. If he refuses, have a witness sign the documentation and note the employee's refusal to sign.

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FAQ

The non-statutory Acas guide: discipline and grievances at work, which accompanies the code, states that warnings should normally be live only for a set period, for example six months for a first written warning and 12 months for a final written warning.

Warnings do expire and are usually only valid for specific periods of time. It is generally accepted that a verbal or first warning is valid for 3 months, a second warning for 6 months and a final written warning is valid for 12 months. The employee should sign receipt of the warning.

Six Months. If they are going to be purged, figure they will be considered for about six months. Probably no one will take the paperwork out if the file, but the policy would generally be that if you didn't cause trouble for six months, the previous writeups would not be considered against you.

Disciplinary and grievance records should be stored for a minimum of six months following termination of employment in case the employee brings a claim against the organisation.

For example, a first written warning could last six months, but a final one could last twelve months.

Your employer is allowed to give any type of warning that they think is appropriate. For example, in a case of theft or violence they might decide to go straight to a final warning - or even dismissal.This might happen if your employer has treated a simple telling off as an official verbal warning.

In cases of serious misconduct or poor performance, the employer does not have to give a first written warning and can instead go straight to a final written warning. For example, where the employee's actions have, or could, cause serious harm to the business.The employer should make this clear to the employee.

Employees have to sign disciplinary documents. While it is a good policy to have some system that proves the employee was presented with the write-up, it is not required that the employee sign the document.

If an employee refuses to sign the disciplinary report or warning, you might ask him or her to submit a signed rebuttal document instead. The rebuttal should reference the concerns raised in the written warning. This shows that the employee was notified about the problem.

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Written Warning/Discharge Notice