A employer warning letter often causes uncertainty. Many employees ask themselves: Do I have to accept the warning? Should I sign anything? And can a dismissal follow after a warning?
What is a warning letter?
A warning letter under employment law is a formal objection by the employer to specific conduct. By issuing a warning, the employer makes it clear that they consider the employee to have breached their contractual duties and that they will not accept such conduct in the future.
A warning letter generally serves several purposes: the employer describes the conduct being criticised, demands a change in behaviour going forward, and points out that any repetition may result in consequences under employment law, including dismissal.
For this reason, a warning letter should be taken seriously. It may later play an important role if the employer issues a conduct-related dismissal.
When is a warning letter invalid?
Not every warning letter is automatically valid. A warning may, for example, be defective if:
- the allegation is incorrect
- the facts are described inaccurately or incorrectly
- there is no specific breach of duty
- the employer’s response is disproportionate
- the warning contains several allegations and some of them are unjustified
Whether a warning letter is legally valid always depends on the circumstances of the individual case. A careful review can help prevent an unjustified warning from causing disadvantages later on.
Do I have to sign a warning letter?
Many employees feel uncertain when they are asked to sign a warning letter.
Important: A signature will often merely confirm receipt of the warning letter and does not automatically mean that the allegations are accepted. Nevertheless, you should carefully check exactly what you are being asked to sign.
If you have any doubts, you should seek legal advice before making a statement or signing anything.
Can I take action against a warning letter?
Yes. Employees have various options for responding to a warning letter. Depending on the situation, it may be advisable to:
✓ initially take no action
✓ submit a written response for inclusion in the personnel file
✓ request that the warning letter be removed from the personnel file
✓ take legal action against an unjustified warning letter
The right strategy depends on the objective you wish to achieve. Taking immediate action against the warning letter is not always the best solution.
Can I be dismissed after receiving a warning letter?
A warning letter is often a warning sign. In particular, where a conduct-related dismissal is being considered, employers frequently rely on previous warning letters.
It is therefore all the more important to assess at an early stage whether the warning letter is legally sustainable. A defective or unjustified warning may weaken the employer’s position in any subsequent unfair dismissal proceedings.
Have your warning letter reviewed
If you have received a warning letter, you should understand your rights before responding.
I will review the following for you:
✓ Is the warning letter legally valid?
✓ Should you submit a written response?
✓ Can you request that the warning letter be removed from your personnel file?
✓ What impact could the warning letter have on your employment relationship?
As a lawyer, I will assist you in finding the right strategy and in protecting your interests in dealings with your employer.
