First Written Warning for Misconduct UK: Guide

What this document is

A first written warning is a formal step in a workplace disciplinary procedure. It is the written record issued to an employee after a disciplinary hearing where the employer has concluded that the conduct crossed a line, but not to the point of justifying a final written warning or dismissal.

The letter confirms what was decided at the hearing, summarises the misconduct, sets out the standard of behaviour now expected, and tells the employee how long the warning will remain live on their record. It also explains the employee's right to appeal and the consequences of further misconduct while the warning is active.

Because it creates a formal record, the letter becomes important evidence later: if the same issue recurs, the employer can rely on it to escalate to a final written warning or, in some cases, dismissal. Getting the wording accurate, proportionate, and consistent with your own disciplinary policy is therefore worth the time.

How to use this document

1. Deal with it informally first where possible. Not every conduct issue needs formal action. For minor or one-off problems, a quiet conversation or informal coaching is often the right response and the ACAS Code expects employers to consider this. Reserve the formal process for conduct that is more serious or that continues after informal intervention.
2. Investigate before you decide anything. Gather the facts before inviting the employee to a hearing. That may mean collecting emails, CCTV, witness statements, or timesheets, and speaking to anyone involved. The person investigating should, where practical, be different from the person who will chair the hearing. An inadequate investigation is one of the most common reasons disciplinary outcomes fall apart later.
3. Invite the employee to a disciplinary hearing in writing. The invitation should set out the alleged misconduct in enough detail for the employee to prepare a response, include any evidence you intend to rely on, confirm the possible outcomes, and remind the employee of their statutory right to be accompanied by a colleague or trade union representative. Give reasonable notice so they can prepare.
4. Hold the hearing and reach a measured decision. At the hearing, explain the concerns, let the employee put their side across, and consider any mitigation before deciding. Take proper notes. Do not pre-judge the outcome: a first written warning is only appropriate if, on balance, the misconduct is proven and a formal response is proportionate given the circumstances and the employee's record.
5. Issue the written warning and confirm appeal rights. Send the letter promptly after the hearing. It should identify the misconduct, the improvement required, how long the warning remains live (commonly six to twelve months, though this varies), what will happen if there is further misconduct, and how the employee can appeal. Keep a copy on the personnel file.

Common questions