Giving an employee their final written warning letter is difficult, but necessary. Ensure your employee understands their repeated behavior or performance is not up to par with your company’s standards. Typically, these final written warnings are serve as an employee’s last opportunity before more extreme actions are taken. In this article we cover what a final written warning is, when to give an employee one and what happens afterwards. We’ve also included a free final written warning template to use when necessary.
TABLE OF CONTENTS
- What is a final written warning
- When to give an employee a final written warning
- What happens after a final written warning
- Final written warning letter template
- Track your employees performances with Factorial
What is a Final Written Warning
A final written warning is the last stage of formal communication between an individual and their employer when there have been issues regarding the individual’s behaviour or performance. It is a documented record of the problems, the expected improvements and the timeframe for making changes, which the employee and their manager sign.
As its name implies, a final written warning is the last step in the disciplinary procedure and often comes before the termination of a contract of employment.
Having a robust disciplinary procedure and following the guidance outlined in it ensures that employees are treated fairly in what can be a very challenging process.
When to Give an Employee a Final Written Warning
Employees are given a final written warning at the end of a disciplinary process. These warnings usually follow verbal and first written warnings where the employer has addressed the issue with the employee but there has been no significant change since.
In most disciplinary procedures, an employer can only give a final written warning if the initial stages of a verbal and first written warning have been followed. However, it is common to have exceptions to this process when there has been serious misconduct or severe poor performance.
Example of When An Employee Might Receive a Final Written Warning
Co-workers have reported a colleague for making inappropriate comments and for being persistently late. The manager calls a meeting to voice these concerns to the employee, who reassures him that neither issue will recur in the future.
Unfortunately, the employee continues to be late to work, impacting his team’s productivity and overall morale. There is a new instance of an inappropriate comment reported to the manager, who talks to the HR team for advice. Together with the HR team, the manager calls another meeting where they give the employee a first written warning. The first written warning refers to the verbal warning already given and documents the discussion in this second meeting carefully: the issues, the expected changes in behaviour and the timeframe, and any support the company will provide to help the employee manage their challenge.
Sadly, the employee continues to be late for work and does not seem to be making any attempt to improve his issues with punctuality. At a celebratory lunch, his manager twice overhears him making an inappropriate comment to a colleague. The manager has given the employee two clear opportunities to change his behavior. Following the disciplinary procedure, the manager now calls a third meeting and issues a final written warning, giving the employee four weeks to improve or face termination.
What Happens After a Final Written Warning
When an employee receives a final written warning, it should contain a clear timeframe for improvements and outline the exact requirements expected from them during the monitoring period. It may also include details of support or training that the company will provide.
If improvement happens, the employee retains their employment status. The warning is likely to stay on their record for a set period, often six months or a year.
If no improvement happens, the employer will move to the outcome agreed in the final written warning. For many companies, this will be dismissal.
Employees usually have a right to appeal the decision to issue a final written warning or to dismiss them, especially if they feel the process was unfair or the warning was unjustified. Employers can protect themselves against unfair dismissal claims by ensuring that they have a robust disciplinary process that they follow carefully.
What to Include in a Final Written Warning
In most disciplinary procedures, the manager or HR professional will give the final written warning to an employee as part of a formal meeting. The meeting is a chance to discuss the issues and ensure the employee understands what is happening. The final written warning is a letter that documents the content of this meeting so that all parties have a reference of the discussion.
A final written warning should include:
- Employee’s name and job title
- Supervisor’s name
- HR representative’s name
- An overview of the issues, including incident dates and details
- A summary of the verbal warnings and other written warnings already given
- A specific instruction about what needs to change and the timeframe
- Detail on the consequences if the change does not happen
- Any support, training or mentoring that the company will provide
- The company’s policy for how long the final written warning will remain on a person’s record
- How to appeal
As a final written warning can end a lengthy disciplinary process, companies must adhere to relevant employment laws and avoid anything deemed as discrimination or unfair.
Final Written Warning Letter Template
[Employee’s Name]
[Employee’s Position]
[Department/Team]
[Date]
Dear [Employee’s Name],
Following our recent discussions and the previous verbal and written warnings issued on [dates of previous warnings], this letter serves as a final written warning regarding your [performance/conduct/attendance].
The specific issues outlined in your previous warnings continue to be the following:
- [Clearly outline the problems.]
- [Provide dates and context as evidence.]
Despite previous support and opportunities to change your [performance/conduct/attendance], you have not met the expectations we communicated to you.
We now expect to see immediate and sustained improvement in the following areas:
- [Detail expectations.]
- [Set clear, measurable goals if appropriate.]
From this moment on, we will monitor your [performance/conduct/attendance] over the next [time frame, e.g., 30, 60, 90 days]. Additionally, we will provide reasonable support during this period, including [training, mentoring, and feedback sessions].
Failure to show immediate and sustained improvement or any further breach of company policy may result in further disciplinary action, including termination of employment.
You have the right to respond to this warning in writing and to appeal this decision if you believe it is unfair. Any appeal should be submitted in writing to [manager/HR representative] within [time frame] of receiving this letter.
Please sign and return a copy of this letter to acknowledge its receipt and understanding.
Yours sincerely,
[Manager/Supervisor’s Name]
[Title/Position]
Acknowledgment of Receipt:
I, [Employee’s Name], confirm that I have received, read, and understood this final written warning.
Signed: ___________________________
Date: ___________________________
