Moving straight to a final warning

Where misconduct is sufficiently serious, an employer can move straight to a final warning without issuing a first warning. The Acas Code (para 19) says that: “This might occur where the employee’s actions have had or are liable to have a serious or harmful impact on the organisation.”

Where an employee is facing a final warning, reps should check, in particular, that:

• the employee has raised all the relevant points (including procedural defects) in his or her defence;

• the procedure gives the manager authority to issue a final warning;

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

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

• the punishment is proportionate;

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

• make sure the employer has explained how the employee can exercise the right of appeal (see Chapter 10: Appeals).