Dealing with employee misconduct is an inevitable part of managing a team.
Verbal warnings play a crucial role in addressing issues early, giving employees a chance to improve without escalating to more severe disciplinary actions.
This guide covers everything you need to know about verbal warnings, including tips, examples, legal considerations, and a step-by-step procedure to follow.
Downloadable Verbal Warning Template (UK)
Streamline your disciplinary process with our ready-to-use Verbal Warning Template. This template helps you document verbal warnings accurately and consistently, ensuring a clear record for both you and your employees.
Why Issue a Verbal Warning?
A verbal warning is an effective way to address minor misconduct or underperformance, serving as a formal reminder that certain behaviours or actions are unacceptable and must change.
It’s a tool that can encourage improvement and avoid the need for more severe disciplinary measures.
Verbal warnings are useful for:
- Reinforcing workplace standards and expectations.
- Preventing small issues from becoming larger ones.
- Documenting initial steps in a fair disciplinary process.
Using verbal warnings strategically can help maintain a positive work environment and protect the business legally.
Common Scenarios for Verbal Warnings
A verbal warning is typically issued for minor misconduct or early instances of poor performance.
Examples include:
- Attendance Issues: Arriving late without notice, leaving early, or failing to report absences properly.
- Dress Code Violations: Not adhering to company dress standards, especially in customer-facing roles.
- Policy Non-compliance: Failing to follow basic company policies, such as time reporting, health and safety procedures, or IT usage.
- Low-Level Performance Issues: Consistently failing to meet reasonable performance expectations, e.g., missing minor deadlines or making repeated errors.
- Misrepresentation Online: Posting comments or content on social media that could harm the company’s reputation.
While verbal warnings are used for minor issues, more serious misconduct may require skipping directly to written warnings or other formal action.
Legal Context and Considerations
A verbal warning, when formalised, becomes part of the disciplinary process recognised in employment law.
Properly documented, it can serve as evidence that the business followed a fair and reasonable process, especially if the issue escalates.
Ensuring that verbal warnings are fair and consistent will help avoid potential claims of unfair dismissal.
- Minor Misconduct: Verbal warnings are appropriate for minor misconduct and must be proportionate to the issue.
- Consistency: Be consistent in the application of verbal warnings across all employees to avoid claims of unfair treatment.
- Documentation: While it may seem contradictory, documenting a verbal warning is critical as it protects both employer and employee by ensuring a clear record exists.
Step-by-Step Guide to Issuing a Verbal Warning
Here’s a structured process for issuing a formal verbal warning, ensuring clarity and fairness throughout.
1. Document the Issue
Begin by documenting the incident or performance issue.
Note the date, time, and specific details, including any prior informal discussions.
This allows you to present the issue objectively to the employee.
2. Hold a Private Meeting
Arrange a meeting with the employee in a quiet, neutral space to avoid embarrassment or distraction.
Clearly explain the issue in a calm and professional manner, avoiding any personal language.
Outline:
- The specific behaviours or actions that led to the warning.
- Why these behaviours are unacceptable.
- The potential consequences if the behaviour doesn’t improve.
3. Explain the Disciplinary Process
Inform the employee that this verbal warning is part of the formal disciplinary procedure and that further misconduct may lead to more serious actions.
Clearly state that a written warning may follow if there is no improvement.
4. Listen to the Employee’s Response
Give the employee a chance to respond.
This shows respect and may reveal important context or mitigating factors.
After listening, consider whether their explanation affects the decision to issue the warning.
5. Issue the Verbal Warning
After considering the employee’s response, confirm that a formal verbal warning is being issued.
Reiterate the expected changes and clarify the timeframe for improvement.
A typical timeframe is one to three months, but this may vary depending on the issue.
6. Document the Warning
Following the meeting, record the details of the verbal warning.
This should include:
- Date and time of the meeting.
- Summary of the discussion and agreed expectations.
- Any deadlines or follow-up actions.
Store this documentation in the employee’s file, but ensure it is accessible only to relevant management to respect confidentiality.
7. Send a Follow-Up Letter
Although the warning was issued verbally, it’s essential to follow up in writing to avoid misunderstandings.
Send a letter summarising the key points, including:
- The reason for the warning.
- Expected improvements and deadlines.
- The period the warning will remain active on the employee’s record (usually six months).
Tips for Issuing Effective Verbal Warnings
To ensure your verbal warning process is effective and legally sound, consider these additional tips:
- Prepare a Standardised Verbal Warning Template: A template simplifies the documentation process and ensures consistency.
- Stay Calm and Professional: A composed, professional approach fosters respect and prevents emotional escalation.
- Be Clear and Specific: Vague statements lead to confusion. Describe exactly what behaviours need to change.
- Set Clear Consequences: Specify what will happen if the behaviour doesn’t improve, such as a written warning or potential suspension.
Following Up After a Verbal Warning
After issuing a verbal warning, it’s important to provide ongoing support and track progress to ensure the issue is resolved.
- Monitor Progress: Regularly check in with the employee to track improvement. Document each follow-up interaction to maintain a clear record.
- Provide Additional Support: Offer training, mentorship, or resources as appropriate to help the employee meet expectations.
- Review and Expire Warnings: Verbal warnings typically stay “live” for about six months. If no further issues arise within this period, allow the warning to expire, and remove it from future disciplinary considerations.
Appeals and Employee Rights
Employees have the right to appeal disciplinary actions, including verbal warnings, if they feel the warning was unjust.
Outline a clear, fair appeal process, which may include:
- A Formal Appeal Request: Allow the employee to submit a written appeal within a specific timeframe.
- Review by a Neutral Party: Arrange for a neutral HR representative or senior manager to review the case objectively.
- Decision and Communication: After review, inform the employee of the final decision in writing, ensuring clear explanations for the outcome.
Common Pitfalls and How to Avoid Them
Avoiding mistakes in the verbal warning process can prevent future issues.
Common pitfalls include:
- Rushing the Process: Take time to document the issue, hold a private meeting, and listen to the employee. Hasty warnings can lead to misunderstandings or escalate tensions.
- Failing to Document Informal Warnings: Document informal discussions as well. This provides a fuller context if issues persist.
- Skipping Follow-Up: Make sure to check on progress and offer support. Skipping follow-ups could lead to further issues, as employees may feel unsupported or confused about expectations.
Conclusion
Verbal warnings are a constructive way to address minor issues and help employees improve while maintaining fairness and transparency.
By following a structured process, documenting all steps, and maintaining open communication, employers can manage misconduct effectively and support a positive workplace culture.
Verbal warnings not only uphold standards but also reinforce the company’s commitment to fair and legally compliant practices.
