Moving straight to a Final Warning

Where misconduct is sufficiently serious, an employer can move 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 such conduct should be clearly identified in the disciplinary procedure. Except in the most serious cases, it is unfalr to dismiss 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 these have remained consistent;

• the consequences of non-compliance with the warning 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).