HOW & WHY should you use Informal Warnings?
This is important…and often it’s where managers make difficult situations even more complex when they fail to manage issues effectively.
An informal warning is often all that is needed to improve an employee’s conduct or performance. It shows that you pre-warned the employee and provided an opportunity to resolve the matter without resorting to a formal process.
The worst case scenario in 12 months’ time could be that, having dismissed the employee through the formal process, you are faced with an ET claim.
If this happens, you need to show you've been REASONABLE, e.g. in providing an opportunity for the employee to make the required changes to improve their performance.
As a human being it’s far more effective to talk to our employees and explain the standards that are expected and offer support. So often ‘People Processes’ are viewed as negative, but these should be about support and enabling…
Evidence is key, even at the informal stage…keep notes of meetings that take place, highlighting shortfalls in staff performance and what is expected or a diary entry of a meeting.
Often this is done but there's no evidence, so an Employment Tribunal may not recognise any part of the process that is not documented.
As damage limitation, if an informal meeting is held, but it isn’t recorded, you could include this as part of the formal evidence and record the employee's agreement. e.g. "Manager A met with you on DATE and discussed the performance / behaviour issues and you agreed to doing XYZ within the following XX weeks".
Whilst you don't have the notes from the discussion at least you have confirmation from the employee that it occurred - if they agree!!
Reasons for giving an informal warning
It might be because of the employee’s performance, for example:
standards of work
coping with instructions given to them
management of workload
lack of effort
lack of skills or training for the work required.
Meeting with your staff regularly to review their targets and their skills can help you to stay up to date on their progress.
It might become apparent that there are other issues, e.g. misconduct, for example:
often late for work
misuse IT
non co-operation with others in the team
bullying.
Warning an employee
If you consider a member of staff to have not met performance standards or for whom there is evidence of misconduct, you need to make sure that you understand how to give a verbal warning to an employee.
These small steps relate to the pre-formal disciplinary procedure.
Tell them what they need to improve (timekeeping, work standards, work rate, etc.).
Provide an opportunity for the employee to explain why their work has not met the standards or why their conduct has been below what you expect of them.
Provide a plan for improvement(s).
If you think that they could benefit from training or coaching, ensure this is highlighted.
Set a date by which to make the changes.
Give them a written note that covers all the above points. You should both sign it.
What happens if they don’t improve?
If your member of staff hasn’t taken the required steps to change their conduct or improve their work, you should proceed to the next stage.
You should handle this next step in a fair and consistent way to ensure that your employee receives a fair hearing.
The smart move is to set out your procedures for performance, discipline and grievance in a document accessible to all, e.g. inclusion in a Staff Handbook or a Statement of Terms and Conditions of Employment.
Follow the Acas Code of Practice to make sure you apply fair and consistent procedures. Or Get in touch with Stanley & Davis to discuss how we can help you with your People Processes.
Remember, the informal warning is a great way to highlight any early problems with conduct or performance—but be fair and reasonable.