Moving straight to a Final Warning


Where misconduct is sufficiently serious, an employer can go straight to a Final Warning, with no First Warning. The Acas Code (para 19) says: “This might occur where the employee’s actions have had or are liable to have a serious or harmful impact on the organisation.” Any conduct that could justify moving straight to a Final Warning should be clearly identified in the disciplinary procedure. Except in the most serious cases, it is unfalr to dismissal without at least one formal warning.


Where a member faces a Final Warning, reps should check, in particular, that:


• all relevant points (including procedural defects) have been raised in their defence;


• the procedure gives the manager authority to issue a Final Warning;


• adequate written reasons have been given, and the employer has not changed the basis for the disciplinary action since starting the case;


• the consequences of non-compliance are clearly spelled out in the warning;


• the punishment is proportionate; and


• the employer has explained how the member can appeal. There must be a right of appeal after each stage of the procedure (see Chapter 10: Appeals). 


An employer should act consistently and should always consider how it treats other employees in a similar situation. 


When calculating the duration of a warning, the day the warning is issued should be counted (Bevan Ashford v Malin [1995] IRLR 360).