RSS

Employee issues – capability and conduct

24 May

Capability and conduct should be treated separately and it’s important to recognise the difference between warning someone for a capability matter or their conduct. Some organisations have separate disciplinary procedures for dealing with capability and conduct.

Capability

Dismissal on grounds of capability could be for one of three reasons:

  1. Lack of or loss of an essential qualification to do the job
  2. Lack of ability or skill – this can be repeated minor incompetence or one serious act of incompetence (poor performance)
  3. Lack of capability because of ill health

Qualification

If an employee loses or fails to achieve a qualification necessary to do his job, he may be dismissed on grounds of capability. However, other options should be explored if, for example, an employee whose job it is to travel to clients loses his driver’s licence for a year. Can they work from home or office? Can they use public transport? Can he do another job in the business while his licence is withheld?

Poor Work Performance

It’s the manager’s job to show that poor performance is the reason for the dismissal and that you reasonably believe your employee is not capable of working to the required standard. Rather than dismiss for a minor incompetence as a first offence, it should be something really serious like a life-threatening action or omission.

You must help the employee by doing everything reasonable to help them meet the required standard of performance by using coaching and retraining and giving a reasonable amount of time to improve. You must warn the employee before dismissal of the consequences of failure to improve.

Ill Health

It is not unfair to dismiss an employee who is no longer capable of working because they are too unwell to do so. In cases of long-term ill health, you should concentrate on investigating the medical facts and consulting with the affected employee about the available options.

A person may be disabled if he has a physical or mental impairment which is substantial and exercises a long-term adverse effect on his ability to carry out normal day-to-day activities.

You must consider all the other options apart from dismissal. It may be possible to find an alternative job or change the job content to accommodate the employee’s changed requirements.

As an employer, you have to be seen to be considering all the options properly and going through a fair procedure to avoid an unfair dismissal claim, even if the end result would have been the same anyway, fair procedure or no fair procedure.

Conduct

Dismissal for a reason relating to the conduct of an employee will be fair, provided the procedure is properly followed. Examples of misconduct:

  • Poor timekeeping
  • Poor attendance

Gross misconduct is a very serious breach of conduct by the employee. It may be an act or an omission, but it is tantamount to a fundamental breach of contract by the employee. Examples of gross misconduct:

  • Theft
  • Fighting, abusive or intimidating behaviour
  • Consumption of alcohol while on duty

Your procedure must list the offences you consider to be gross misconduct in your organisation.

Post courtesy of People Alchemy – for access to the Alchemy for Managers online resource visit http://www.peoplealchemy.co.uk/catalyst

Advertisements
 

Tags: , , , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: