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Moving from informal to formal stage
If an employer intends to move from an informal to a formal stage, this should be spelled out in writing. A formal hearing is any hearing that is capable of resulting in a disciplinary penalty. The most frequent penalty is a warning (which can be a verbal, written, or final written warning). However, other potential disciplinary penalties, often combined with a warning, can include demotion, loss of benefits, a forced relocation, compulsory change of duties or compulsory training.
Employers often think of a verbal warning as part of an informal procedure. However, if a verbal warning is placed on the disciplinary record and then taken into account in future disciplinary action, it is formal action. This is significant not least because all employees have the right to be accompanied at formal hearings (see Chapter 8). For example:
Mr Harding was called to an interview under London Underground’s Attendance at Work procedure. His request to be accompanied was refused so he left the meeting. It continued in his absence and he was given an “informal oral warning” in his absence, which was then confirmed in writing and stayed on his record for 12 months. The warning, although described as an “informal oral warning” was really a formal warning, regardless of what label it was given by the employer, because it formed part of his disciplinary record, to be taken into account in any future disciplinary proceedings. Mr Harding should have been allowed to be accompanied.
Harding v London Underground [2003] IRLR 252