Definition
A written warning is a formal notice issued by the employer. It specifies a particular instance of misconduct, declares it to be unacceptable and threatens dismissal should it be repeated. Dismissal on grounds of conduct is generally invalid without a prior written warning. The employee may object – their counterstatement will then be included in the personnel file. Unjustified or outdated warnings must be removed from the personnel file upon request.
Specialist solicitor in employment law
Over 15 years’ experience in employment law
Classification under employment law
A written warning is the ‘yellow card’ of employment law. The employer reprimands the employee for specific misconduct and threatens dismissal in the event of a repeat offence. Without a prior written warning, dismissal on grounds of conduct is generally invalid.
Distinction from related terms
Admonition: An admonition is a non-binding reprimand with no legal consequences. A written warning, on the other hand, serves as a clear warning and may form the basis for further action under employment law.
Warning: The term ‘warning’ is often used colloquially as a synonym, but is not clearly defined in legal terms. A formal warning, on the other hand, is a well-established term in employment law with a clear function.
Practical tip
Never sign a warning letter with the words “I agree”. Check the facts carefully – you can refute an incorrect warning letter by submitting a counterstatement or request that it be removed from your personnel file. Although there are no specific deadlines, you should act promptly.
