Am I entitled to receive warnings before I am dismissed?

There is no general right to a warning before you are dismissed. That is why unions negotiate disciplinary procedures, to protect workers.

If you qualify for protection against unfair dismissal, then it will usually be unfair to dismiss you without warning (see How Long Must I Work Before I Can Complain of Unfair Dismissal?). Fair dismissal requires proper procedures, and it is not proper to dismiss workers without warning.

The main exception is where you are dismissed for gross misconduct - here you can be fired for a first offence, and without any previous warning, provided there is a proper investigation and a fair hearing.

Since 1 October 2004 every employer has to follow a minimum statutory "dismissal and disciplinary procedure" (DDP). All employers must now provide employees with details of their disciplinary and grievance procedures.

The procedures only apply to employees and not workers, so if you are an agency worker the procedures will not apply to you.

The employer must use the procedure when s/he is considering:

• dismissal - the procedure applies not just to conduct or capability dismissals but whenever dismissal is contemplated. So it must be used for redundancy, compulsory retirement and when a fixed term contract expires; or
• taking relevant disciplinary action - this means action short of dismissal which is based on your conduct or capability. However this does not include suspension on full pay or oral or written warnings so, for example, your employer need not follow the statutory DDP before issuing you with a final warning.

Your employer must:

• give you a written statement of the alleged misconduct, poor performance etc
  
• hold a meeting with you to discuss the issue
  
• inform you of any decision and of your right to appeal.

You have the right to be accompanied by a trade union official or a fellow worker at both the original meeting and any appeal (see Can I be Represented In a Disciplinary Hearing?).

The procedure is modified if you are dismissed without notice or pay in lieu for gross misconduct, Here, the employer must give you a written statement of the alleged misconduct leading to your dismissal, and provide a right of appeal. You have the right to be accompanied by a trade union official or fellow worker at the appeal meeting.

If your employer dismisses you without following these minimum statutory procedures, you may be able to bring a claim for unfair dismissal. If so, the dismissal will be automatically unfair and the tribunal can award compensation of four weeks' pay (a week's pay is limited to £280). Any claim must be made within 3 months of the dismissal.

Even if your employer has followed the statutory DDP, an employment tribunal may still find that your dismissal has been unfair, for example dismissal may not have been reasonable in all the circumstances. It is important that you attend any meetings arranged by your employer under the DDP and appeal is you are not happy with the result. If either you or your employer has failed to complete the DDP the amount of compensation awarded can be increased or decreased depending on who is responsible for the failure.

The dismissal and disciplinary procedures do not apply in a constructive dismissal situation (i.e. where you resign because your employer has fundamentally breached your contract). In such a case you should follow the statutory grievance procedure and lodge a grievance before bringing a claim.