Written warnings and suspension in Ireland: how long they last and how to appeal

Warnings and suspensions are the two tools an employer reaches for before dismissal, and both are governed by the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000). A warning is a recorded sanction that stays on your file for a period and makes a later dismissal easier to justify. A suspension is a removal from work, which can be a neutral holding step or a sanction, and the difference matters a great deal. This guide covers the stages, how long warnings last, how to appeal, and when a suspension may be unfair.

The stages the Code expects

For conduct or performance short of gross misconduct, the Code expects a progressive procedure: a verbal warning, a written warning, a final written warning, and then dismissal or another sanction. Each stage should be recorded, each warning should state how long it lasts, and each should carry a right of appeal. The procedure that runs each stage (the allegation in writing, the evidence, a hearing with representation, a written decision) is described in disciplinary procedure.

The "typical life" column is what most procedures say, not what the Code fixes. The Code expects warnings to expire; it leaves the period to the employer's procedure. Read yours.

How many warnings before dismissal?

There is no fixed number in law, and the answer is "it depends on what the matter is". For minor and repeated matters, the WRC expects the full sequence. For a serious matter short of gross misconduct, an employer can enter the procedure at a higher stage, for instance at a final written warning, provided it says why. For gross misconduct, the employer can dismiss without any prior warning, though it must still run a fair procedure; see gross misconduct and dismissed without warning or notice.

What the WRC does not accept is a dismissal for a minor matter with no warnings at all, or a dismissal that relies on a warning that has expired, was never appealed because no appeal was offered, or was given without a hearing.

How long does a written warning last?

The warning letter should say. If it does not, the handbook should. Most set 6 months for a verbal warning, 6 to 12 months for a written warning and 12 months for a final written warning. Once a warning expires it should be removed from your file and should not be relied on in any later procedure. Some procedures allow a longer period for a final warning in serious cases, and some say an expired warning may still be mentioned as background; the Code's expectation is that a spent warning is spent.

If a warning has expired and a later disciplinary letter cites it, say so in writing at once. Keep a note of the expiry date when you receive the warning.

What a warning should contain

Whatever stage it is, the letter should state:

• what you are found to have done, with the date;
• which rule, policy or standard it breached;
• what improvement is expected and by when;
• the stage of the procedure and the consequence of a further matter;
• how long the warning lasts;
• your right to appeal, to whom and by when.

A warning that lacks reasons, or that was issued without a hearing at which you could reply, may be unfair in itself. People search "written warning template", but the templates are for employers; what you need is the letter that answers one.

Appealing a warning

Appeal every warning you disagree with, in writing, within the time the procedure gives (often five working days). It matters because an unappealed warning is treated as accepted, and because a later dismissal will rest on it. An appeal should say:

1. that you appeal the warning dated X;
2. which findings are wrong, and the evidence that shows it;
3. which steps of the procedure were not followed (no allegation in advance, no evidence, no representative, the decision-maker was the complainant);
4. why the sanction is too severe for the matter and your record;
5. what you ask for: the warning withdrawn, or reduced to a lower stage.

Our letter builder drafts an appeal in that shape. The appeal should be heard by someone more senior who was not involved in the first decision.

If the appeal fails, there is no stand-alone WRC complaint about a warning. You can raise a grievance about the way it was handled, or refer a dispute under the Industrial Relations Acts to the WRC, which ends in a recommendation rather than an award. If the warning is later used to justify a dismissal, its fairness is examined then.

Suspension: two different things

"Suspension from work" covers two things that the law treats very differently.

A holding suspension

A holding suspension is a neutral step: the employer removes you from the workplace, on full pay, while it investigates an allegation. It is not a finding and not a sanction. It should be used only where it is needed, for example to protect evidence, other staff, customers or the business, or where the allegation is such that it would be untenable for you to remain while it is investigated.

The superior courts have said that even a paid holding suspension is not a neutral act in practice: it can damage your reputation and standing, and so it must be reasoned, proportionate, as short as possible, and kept under review. A suspension imposed without reasons, or left to run for months while nothing happens, may be unfair and may support a claim later.

Suspension as a sanction

Suspension without pay is a disciplinary sanction. It can only follow a hearing at which you could reply, it can only be imposed where your contract or the handbook provides for it, and the period should be stated. Suspension without pay with no contractual basis is a deduction from wages, and a Payment of Wages Act 1991 complaint to the WRC lies within six months of the pay day affected; see payslips and unlawful deductions.

How long can a suspension last?

There is no statutory limit. The courts' standard is "as long as the investigation reasonably needs and no longer". Weeks are common in a serious investigation; months with no progress are hard to justify. If you have been suspended:

• ask in writing for the reasons, confirmation that it is on full pay, the allegation being investigated, and the expected timescale;
• ask for the suspension to be reviewed at a stated interval;
• keep attending any meeting you are asked to, with a representative;
• do not contact witnesses or colleagues about the allegation, which is the one thing that can turn a holding suspension into a disciplinary matter of its own;
• keep a note of every date.

Pay during a holding suspension should be your normal pay, including regular overtime and allowances where they form part of it. Annual leave continues to accrue.

When a suspension may be unfair

A suspension may be unfair where it:

• was imposed without a stated reason;
• was without pay where the contract gives no right to that, or before any hearing;
• has run far beyond what the investigation needs;
• was used as a punishment while calling itself a holding step;
• was imposed by the person who made the complaint against you.

Your routes are a grievance under the procedure, a Payment of Wages complaint for any unpaid period, an industrial relations referral to the WRC, and, where the suspension is part of a process that ends in dismissal, the unfair dismissal claim in which the whole process is examined. A long or unreasoned suspension is also sometimes part of the conduct relied on in a constructive dismissal claim, with the usual warning that resigning is a last step.

Where this leaves you

Use the letter builder to draft an appeal against a warning, or a letter asking for the reasons and timescale of a suspension. If you are in a union, ring them first; a union official will lodge the appeal and attend every meeting (find your union). If you are on a final written warning and facing a further allegation, or a suspension has run for months, a solicitor can advise before the process ends in dismissal (find a solicitor).