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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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An employee of over five years is currently on a final written

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An employee of over five years is currently on a final written warning for poor sales performance. This expires shortly. His performance has not improved but we would be exposed to short staffing if we terminated his contract now. Can we extend the period without having to then start the whole disciplinary procedure again? Do we need to have another "final" disciplinary?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long would you like to extend for?
Customer: replied 1 year ago.
Two months.
What was the initial period for?
Customer: replied 1 year ago.
12 months
ok thank you leave it with me please I am travelling and will reply when I get back, in an hour or so
Thanks for your patience. Generally, a warning needs to be for a specific period of time and once it expires it should no longer be taken into account. There is nothing specific in legislation which allows for it to be extended, although a case in the Employment Appeal Tribunal touched on this and decided the following: “Employers are allowed to extend the period of time before the warning expires where it was justified by the seriousness of the misconduct or where a warning was, in fact, an act of leniency. It also suggested that employers might be justified in extending the period for a repeat offence for which an earlier final written warning had been given. The EAT warned that any rules must always be carefully drafted and brought to the attention of the employees.” So whilst this is an option, it really should be applied if there is a specific contractual option or other relevant policy stating this could happen. Otherwise you would have to treat any new sanctions as a new matter and go through the formal procedure again. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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