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How many warnings before dismissal?
Published 13 August 2025
At some stage in our lives we have probably all heard words to the effect of ‘that’s your final warning’ – but how many warnings does it take before you can lose your job?
You will probably be familiar with the phrase ‘three strikes and you’re out’, however, the reality is there are no set number of warnings you should receive before dismissal.
It can vary and will obviously depend on the nature of the allegation levelled against you.
You could have your employment contract terminated after being issued with a couple of warnings or the first time you do something wrong, if it is sufficiently serious.
Dismissal should always be a last resort. The key factor in any decision-making process that can lead to you losing your job, is that it is fair and reasonable.
It is a requirement covered by employment law, which has often found that a flawed or unfair disciplinary process, or unduly harsh sanction, amounts to unfair dismissal (1) [cited 13.8.25]
A dismissal can still be found to be unfair, even if an employee has been issued with a previous warning.
One example includes the reported case of a nurse with a long history of illness and who was issued with a written warning before being dismissed for too many subsequent absences.
The employment tribunal found the decision was unfair (2) [cited 13.8.25] Each case will be judged on its merits and in this particular instance, the NHS trust did not give the employee enough time or support.
An employer’s disciplinary policy will detail the different type of warnings, which can be issued following the outcome of a disciplinary hearing.
That policy should reflect the good practice guidance provided in the ACAS Code, which is considered by employment tribunals (3) [cited 13.8.25]
There is a common belief that an employee should always be given disciplinary warnings before being dismissed. Here we take a look at often asked questions about the different types of disciplinary warnings and how and why they may be used, and if you can be fairly dismissed without prior warning.
Q: Is being suspended before a disciplinary hearing any type of warning?
No, it is not a warning. ACAS advise: Suspension will only be appropriate in some situations. An employer should consider each situation carefully before deciding whether to suspend someone (4) [cited 13.8.25]
Suspension is considered to be a neutral act. It is not confirmation that an employee has committed an act of misconduct that is considered proven.
If an employee is suspended, the reason for the decision should be explained and they will usually still be paid. The terms of suspension will be detailed in an employer’s disciplinary policy and should be reviewed.
Q: Are there alternatives to formal warnings?
A: Yes, if an allegation is considered minor an employer may opt to deal with the matter informally. It could result in coaching, additional training or a verbal warning.
Many cases can be dealt with informally. It is in fact an approach encouraged in the ACAS Code, which advises employer’s to use the discipline process to correct rather than punish and to encourage rather than sanction (5) [cited 13.8.25]
Sometimes a quiet word or constructive feedback can be enough to suitably address a minor disciplinary matter, correct the behaviour and prevent it from escalating unnecessarily.
Typically an informal approach may involve a conversation between a manager and an employee to discuss the particular issue and talk through it. Ideally it should be a constructive two-way discussion, aimed at encouraging improvement.
The conversation should be documented with details provided about how or if the outcome will be considered in any future disciplinary case.
Q: So if it cannot be dealt with informally will an employee get a first written warning?
It will depend on the seriousness of the allegation.
An employer’s disciplinary policy will generally include details of three different types of formal sanction that can typically be issued:
First Written Warning.
Final Written Warning.
Dismissal.
A First Written Warning can be issued for acts of misconduct or performance concerns.
As the warning is a formal sanction it will usually be issued after a disciplinary hearing (6) [cited 13.8.25]
This means an employee will be invited to a hearing, informed of their statutory right to be accompanied and provided with all evidence to support any allegation levelled against them.
The employee can respond to the evidence and present their case before an outcome is reached.
A First Written Warning will usually expire after six months. The length of time will be specified in the employer’s disciplinary policy.
It is the type of warning that can be used to address concerns regarding punctuality, absences from work, missed deadlines or minor breaches of company policy.
It can also be used if a matter dealt with informally failed to bring about the required improvement.
- Why would an employee be issued with a Final Written Warning?
It could be if the employee has failed to improve or suitably address concerns after being issued with a previous informal or formal warning, if an allegation is serious and no prior warning have been issued, or even as an alternative to dismissal.
This type of warning is extremely serious as it is one step short of dismissal. It presents one last chance to make any required or highlighted changes.
Understandably, receiving such a warning will give any employee genuine cause for concern, but it can show that an employer is actually being reasonable and providing a final chance to address any problem.
It will be made clear when the sanction is issued, what needs to change and what could potentially happen if this does not occur.
A Final Written Warning will usually expire after 12 months but can sometimes be extended as an alternative to dismissal.
It can have benefits for both parties. The employee, obviously, gets to keep their job and the employer does not have to replace them or face a costly legal battle, which can happen if an employee believes they have been unfairly dismissed.
Q: Can I really be dismissed without being given a previous warning?
Yes, you can be dismissed for a first offence for an act of gross misconduct (7) [cited 13.8.25]
Most disciplinary policies will include a non-exhaustive list of behaviour that can amount to gross misconduct e.g. discrimination, harassment, bullying, fraud, theft or physical violence.
An employee can be dismissed without notice for an act of gross misconduct. However, and despite the serious nature of such an allegation, an employer must still conduct a fair disciplinary process.
Even in cases where gross misconduct allegations are upheld, dismissal should not be an automatic sanction. Mitigating factors e.g. a diagnosed disability, length of service, a clean disciplinary record or genuine remorse, can mean that the sanction of dismissal is not in fact reasonable or proportionate.
An employee, with two years or more service, who believes they have been wrongly dismissed for gross misconduct, or as a result of an unfair disciplinary process, can make a claim for unfair dismissal
Workers with under two years’ service can still make a claim to an employment tribunal if a dismissal for gross misconduct is ‘automatically unfair’ e.g. as a direct result of a protected characteristic or for whistleblowing (8) [cited 13.8.25]
Q: What can an employee do if issued with an unfair disciplinary warning?
Appeal, an employee has a right to appeal against any type of formal warning issued by an employer.
An appeal should be submitted in writing and outline the grounds for appeal, for example the process was not conducted fairly, the evidence does not support the outcome or the sanction was too severe and unduly harsh.
Any disciplinary warning issued should be confirmed in writing and the outcome letter will provide details on the appeal and timeframe in which it will need to be submitted.
