Final Warning Confirmation Letter (Misconduct)

Final Warning Confirmation Letter (Misconduct)


This letter forms part of a disciplinary procedure when an employee’s conduct is unsatisfactory.
This letter would normally be the fourth stage in a five stage disciplinary process.

Usually the disciplinary process is: informal verbal warning, formal verbal warning (Verbal Warning Confirmation Letter (misconduct)), first written warning (First Warning Letter (misconduct)), final written warning and then potentially summary dismissal.

This letter is used when an employee has either failed to improve following the earlier stages of the disciplinary process, or if they have behaved in such a way that means that the earlier stages of disciplinary action are disproportionate when compared to their behaviour.

This letter is essentially a final warning to the employee that if they fail to correct their behaviour, then further disciplinary action and possibly dismissal may follow.


You should consider the following:

  • Making sure that you have an appropriate Disciplinary Policy in place.
  • Given that this is the final warning an employee is received before dismissal; it is essential that you are sure of your position before issuing it. Has the employee made any effort to improve their conduct? Have you as an employer done all you can to help the employee to improve?
  • Have you investigated the reasons for the misconduct fully?
  • You must ensure that you have followed your disciplinary procedure at all stages up until now and that the employee concerned has been informed of their legal rights at each stage of the disciplinary process.
  • When you reach this stage in the disciplinary process it is advisable to seek legal advice from an employment lawyer. Although the law in relation to employment tribunals has changed to make it less easy for an employee to take an employer to tribunal, it is nevertheless always advisable to obtain legal advice to be assured of your position rather than risk a tribunal making a finding against you.

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