What is the difference between a verbal and written warning?

A verbal warning (also called an oral warning) is the first formal stage of the disciplinary process. A written warning is the next step and carries greater weight. Both should be confirmed in writing, but a written warning is more serious and usually has a longer active period on the employee's record.

How long does a written warning last?

This depends on the employer's disciplinary policy. A UK first written warning typically remains active for 6 months, and a final written warning for 12 months. After this period, the warning is considered spent, although the record may be retained for reference purposes.

Can I go straight to a final written warning?

Yes, for more serious misconduct that falls short of gross misconduct, it may be appropriate to issue a final written warning without a prior first written warning. The ACAS Code acknowledges that the appropriate level of warning depends on the seriousness of the matter.

Can I appeal a written warning?

Yes, the ACAS Code requires that employees be given the right to appeal any disciplinary decision, including written warnings. The appeal should be heard by a manager not involved in the original decision, where possible. The appeal may confirm, reduce, or overturn the warning.

Does a written warning have to follow a disciplinary meeting?

Yes, a written warning should only be issued after a proper disciplinary process, including an investigation, a formal hearing at which the employee had the opportunity to state their case, and a considered decision. Issuing a warning without this process may undermine its fairness.

What if the employee refuses to sign the warning?

An employee cannot be forced to sign a written warning under UK law. If they refuse, note the refusal on the document and have a witness confirm that the warning was delivered. The refusal to sign does not invalidate the warning or the disciplinary process in England and Wales.

Can a spent warning be used in future proceedings?

Generally, once a warning has expired, it should not be used as a basis for further disciplinary action under UK employment practice. However, some British employers retain the record for context. The disciplinary policy should be clear about how expired warnings are treated.

What constitutes gross misconduct?

Gross misconduct is behaviour so serious that it fundamentally breaches the employment contract, justifying summary dismissal under UK law. Examples include theft, fraud, violence, serious negligence, and serious breach of health and safety rules. For gross misconduct, the British employer may proceed directly to dismissal after a fair investigation and hearing.

EmploymentUnited Kingdom

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Horizon Retail Ltd

10 Bridge Road, Leeds LS1 3AB

0113 2240900

hr@horizon-retail.co.uk

2026-04-17

Daniel James Shaw

14 Ashgrove, Leeds LS6 4TR
Employee No: HR-2847
Sales Assistant — Leeds Flagship Store — Ground Floor

Re: First Written Warning — Attendance

Ref: HR-2847

Dear Daniel James Shaw,

I am writing to confirm the outcome of the disciplinary hearing held on 2026-04-10 in respect of concerns raised about your attendance and/or timekeeping. This letter is issued in accordance with the ACAS Statutory Code of Practice on Disciplinary and Grievance Procedures (2015) and the Employer's disciplinary policy.

OUTCOME OF THE DISCIPLINARY HEARING

Following careful consideration of the evidence and the representations made by you (and any mitigation), the Employer has decided to issue you with a First Written Warning. The decision was taken by Rachel Turner (Store Manager). This warning will be placed on your personnel file and will remain active for 12 months from the date of this letter, after which it will (subject to no further issues arising) be disregarded for disciplinary purposes, although it may be retained on record in accordance with the Employer's data-retention policy.

PROCESS FOLLOWED

The Employer has followed a fair process consistent with Polkey v AE Dayton Services Ltd [1987] UKHL 8 and, in respect of reasonable-belief decision-making, the test in British Home Stores Ltd v Burchell [1978] IRLR 379 (genuine belief in the misconduct on reasonable grounds after a reasonable investigation). The investigation was conducted by Louise Carter (HR Business Partner). A disciplinary hearing was held on 2026-04-10, at which you had the right to be accompanied by a fellow worker or a trade union representative under section 10 of the Employment Relations Act 1999.

NATURE OF THE ISSUE

During the period 1-28 February 2026 your attendance record was unsatisfactory. You were absent on 8 separate occasions amounting to 12 lost working days. Of those, 4 absences were not supported by a self-certification or fit note; the remaining 4 were short-term self-certified. This level of short-term absence is significantly above the team average of 1.2 days per quarter and has required unplanned cover, with a measurable impact on team service levels.

Period / incident dates concerned: 1-28 February 2026

EVIDENCE CONSIDERED

Attendance log exported from the time-and-attendance system; rota records; three statements from shift managers; self-certification forms submitted.

MITIGATION CONSIDERED

The following mitigation was raised and taken into account: You mentioned childcare disruption following a change of nursery in late January 2026. No underlying disability or long-term health condition was raised.

Notwithstanding the mitigation, the decision reached is as set out in this letter.

REQUIRED IMPROVEMENT AND REVIEW

You must improve your attendance immediately and maintain a level consistent with company policy (no more than three self-certified occasions in any rolling 6-month period, with any absence reported using the correct procedure before 09:00 on the first day and supported by appropriate documentation).

A formal review will take place on 2026-07-17 to assess your progress against the expected standards.

Interim review meetings: Fortnightly 15-minute check-ins with your line manager for the next 12 weeks.

Support offered by the Employer: Access to the Employee Assistance Programme (EAP); flexible-working request form if helpful; Occupational Health referral if required.

CONSEQUENCES OF FURTHER BREACHES

If there is a repeat of similar conduct or performance falling short of the required standards within the period this warning is live, or any other breach of policy, this may result in escalation to a Final Written Warning. Any decision as to fairness will be assessed against section 98 of the Employment Rights Act 1996 and the ACAS Code.

RIGHT OF APPEAL

You have the right of appeal against this decision under the ACAS Statutory Code of Practice. Any appeal must be submitted in writing within 5 working days from the date of this letter, setting out clearly the grounds of appeal. Your appeal should be sent to Louise Carter, HR Business Partner (louise.carter@horizon-retail.co.uk). The appeal will be heard by a manager who has not been involved in the original decision. You retain your right to be accompanied at the appeal hearing by a fellow worker or a trade union representative under section 10 of the Employment Relations Act 1999.

RIGHT TO BE ACCOMPANIED

Under section 10 of the Employment Relations Act 1999, you have the right to be accompanied at any further disciplinary or appeal hearing by a fellow worker, a trade union representative or a certified TU official. Your companion at the hearing was Marcus Jenkins, Shopfloor Colleague.

10.

EQUALITY AND REASONABLE ADJUSTMENTS

The Employer has considered this matter consistently with its duties under the Equality Act 2010, including the duty not to discriminate directly or indirectly and, where relevant, the duty to make reasonable adjustments under section 20 of that Act. If there is any health-related, disability-related or other protected-characteristic matter that we should take into account, please raise it in writing as soon as possible so that it can be considered and, where appropriate, adjustments made.

11.

DATA PROTECTION

Records of this disciplinary matter will be processed and retained in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and the Employer's records-retention policy. Processing is on the legal bases of contract (Art. 6(1)(b) UK GDPR) and legitimate interests (Art. 6(1)(f)). Special-category data (for example, evidence relating to sickness absence) is processed under Art. 9(2)(b) UK GDPR and Schedule 1 Part 1 of the Data Protection Act 2018.

12.

TRIBUNAL RIGHTS AND ACAS EARLY CONCILIATION

Nothing in this letter affects any statutory right you may have, including the right to bring a claim before the Employment Tribunal where eligible. Time limits are strict (generally three months less one day from the act complained of). Before issuing any Tribunal claim you must contact ACAS to participate in mandatory Early Conciliation under section 18A of the Employment Tribunals Act 1996 (0300 123 1100 / acas.org.uk). Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, an unreasonable failure by the Employer to follow the ACAS Code may result in a tribunal uplift of up to 25% of any compensation awarded.

We hope that with this warning and the support identified above, the required improvement will be achieved. Please acknowledge receipt of this letter by signing and returning a copy, or by reply email to the address shown above. If any part of this letter is unclear, please contact Rachel Turner.

YOURS SINCERELY,

Rachel Turner

Store Manager for and on behalf of Horizon Retail Ltd

Date: ____________________

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What Is a Written Warning Letter?

A written warning letter is a formal document issued by an employer to an employee as part of the disciplinary process. It records the nature of the misconduct or performance issue, the outcome of the disciplinary hearing, the improvements required, and the consequences of failure to improve.

Under the ACAS Code of Practice on disciplinary and grievance procedures, a written warning is typically the second stage of the formal disciplinary process, following a verbal or informal warning. A final written warning may follow if the issue is not resolved, or may be issued immediately for more serious matters.

Issuing a properly drafted written warning is essential for demonstrating procedural fairness under UK employment law. If a British employer eventually needs to dismiss an employee, evidence of a fair and documented warning process is critical to defending any unfair dismissal claim in England and Wales.

What's Covered in This Template

Our written warning letter template includes all the sections needed for a fair and well-documented warning.

Employee Details

Full name, job title, department, and employee reference number.

Date of Disciplinary Meeting

When the disciplinary hearing was held and who was present.

Nature of the Issue

A clear description of the misconduct or performance concern that led to the warning.

Previous Warnings

Reference to any prior informal discussions or formal warnings on the same or related issues.

Warning Level

Whether this is a first written warning or a final written warning.

Expected Improvements

Specific and measurable standards the employee must meet going forward.

Support Offered

Any training, mentoring, or other support the employer will provide.

Review Period

The timeframe during which the warning remains active and performance will be monitored.

Consequences of Non-Improvement

What will happen if the required improvements are not made, up to and including dismissal.

Right of Appeal

The employee's right to appeal the warning and the deadline and process for doing so.

How to Create a Written Warning Letter

Follow these steps to create a clear and compliant written warning using our template.

1
Record Meeting Details
Enter the date of the disciplinary meeting, the names of those present, and confirm that the employee was given the right to be accompanied.
2
Describe the Issue
Provide a factual account of the misconduct or performance concern. Reference specific incidents, dates, and any evidence considered during the investigation.
3
Set Out the Warning
State whether this is a first written warning or a final written warning. Reference any previous warnings and explain why the current level of warning is appropriate.
4
Define Expected Improvements
Be specific about what the employee must do differently. Set measurable targets, deadlines, and a review date. Note the support the employer will provide to help the employee improve.
5
Issue and File
Download the completed letter as a PDF, deliver it to the employee, and file a copy in their personnel record. Ensure the employee is aware of their right to appeal and the deadline for doing so.

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Legal Considerations

Written warnings must follow established principles of procedural fairness as set out in the ACAS Code.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.

Reviewed for England & Wales law

ACAS Code of Practice

The UK ACAS Code of Practice on disciplinary and grievance procedures recommends a graduated approach to discipline: informal action first, then a formal verbal warning, a first written warning, a final written warning, and dismissal. British employment tribunals must take the Code into account, and failure to follow it can result in an uplift of up to 25% on any compensation awarded.

Right to Be Accompanied

Under section 10 of the UK Employment Relations Act 1999, workers have the right to be accompanied at a disciplinary hearing by a trade union representative or a work colleague. The employer must allow the companion to address the hearing and confer with the worker. The companion cannot answer questions on the worker's behalf under English law.

Consistency and Non-Discrimination

British employers must apply disciplinary procedures consistently across the workforce. Treating one employee more harshly than another for a similar offence without objective justification may give rise to claims of discrimination under the UK Equality Act 2010 or unfair dismissal under the Employment Rights Act 1996.

Record Retention

Written warnings should be retained for the period specified in the company's disciplinary policy, typically 6 months for a first written warning and 12 months for a final written warning. After the review period, the warning is usually considered spent. Records must be held in compliance with the UK GDPR and the UK Data Protection Act 2018.

Frequently Asked Questions

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