As an employer, you may occasionally face situations where an employee frequently arrives late, underperforms, or has recurring conflicts with colleagues. In such cases, it’s important to address the issue promptly and constructively. A written warning can be an effective tool to communicate that the behaviour is unacceptable - and that consequences may follow if it continues. In this blog post, we explain when a warning is appropriate, how to issue one, and what steps to take afterwards to ensure compliance and protect your company legally.
When should you issue a warning?
Before issuing a warning, you must evaluate whether it is the appropriate disciplinary measure under employment law for the situation at hand. In some cases, a verbal reprimand may suffice, especially if the behavior is minor or a first-time incident. A reprimand can be seen as an informal caution, while a written warning is a formal measure that can form the legal basis for a future dismissal if the behaviour is repeated.
As a general guideline, a warning may be appropriate in cases such as:
- Repeated lateness or unexcused absences
- Insufficient work performance
- High levels of sickness absence (if unjustified or patterned)
- Ongoing interpersonal conflicts or lack of cooperation with colleagues.
A warning should be issued immediately after the incident or as soon as you become aware of the behaviour. A well-worded and timely warning emphasizes to the employee that the conduct is unacceptable and helps strengthen the legal validity of any potential dismissal that may follow if the behaviour does not change.
Note: In more serious cases (e.g., gross misconduct or breach of trust), it may be lawful to proceed directly to termination without a prior warning.
How should you issue a warning?
Hold a meeting
Whenever possible, arrange a face-to-face meeting with the employee. Explain which behaviour is problematic and clarify what your expectations are going forward. This not only provides transparency but also gives the employee a chance to respond, clarify misunderstandings, or share relevant context.
Provide a written warning
Even though Danish legislation does not require warnings to be in writing, it is highly recommended. A written warning provides clear documentation and can help avoid disputes later. End the meeting by giving the employee the written warning and ask them to acknowledge receipt in writing - for example, by signing the document.
What should a warning contain?
A valid written warning should clearly state:
- Which behaviour or performance issue is unacceptable
- What change or improvement is expected from the employee
- What the consequences will be if the behaviour continues
- A specific timeframe for improvement (e.g., two months).
Be as specific and objective as possible. For example: “The employee arrived late on five occasions between [date] and [date] without valid justification. Punctuality is essential to the role. Any further instances of lateness may lead to termination of employment.”
What should be done after the warning has been issued?
What should happen after the warning?
Follow up
It is essential that you monitor the situation after the warning is issued. If the employee’s behaviour does not improve, and the employer does not respond, the warning loses its legal and disciplinary effect. In such cases, you may have to restart the process with a new warning.
How long is a warning valid?
The validity period of a warning depends on the seriousness of the matter. A warning regarding a minor issue may “expire” after a few months, while a more serious one can have longer-lasting implications. However, repeatedly issuing warnings without consequences or follow-up can weaken your position, as it may suggest that the behaviour was tolerated.
Enforcing consequences
If the employee has not improved their behaviour by the deadline stated in the warning, you must decide whether to follow through with the disciplinary action outlined - such as termination, dismissal, or a mutual severance agreement. This decision should be made promptly after the deadline expires or after the repeated behaviour occurs.
Important: The reason for the potential termination must be the same as the one stated in the warning. If you terminate the employee based on a different issue, the dismissal could be considered unfair and may result in compensation.
Do you need help?
A written warning is a powerful HR tool when used correctly. It sends a clear message, offers a chance for improvement, and serves as documentation if further action is needed. Always ensure that the warning is justified, timely, and properly worded - and follow up to maintain its effectiveness.
If you need help in regards to the above, please do not hesitate to contact us. We specialise in HR legal matters and can help you with any questions you may have.
