Where an employee is subjected to several warnings for minor/major misconduct, when is it appropriate to move to final warning?
Posted in : First Tuesday Q&A NI on 5 December 2017
Chris Fullerton
Arthur Cox
It is not clear whether the previous warnings remain live on the employee’s personnel file or detail the acts of misconduct or poor performance committed. Your course of action will largely depend on the contents of your Disciplinary Policy and Procedure. When deciding the appropriate penalty, you can only take into account those warnings that are live on the employee's personnel file.
Where, as a result of a disciplinary meeting, the employee is found guilty of further misconduct or poor performance, you can typically move to the next stage of your disciplinary procedure and issue a final written warning (if that is the next stage). This will be subject to the wording in your Disciplinary
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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