Dealing with Conduct and Capability Issues and Using the Disciplinary Procedure

Wherever possible the employer should try to resolve the concerns informally before using the Disciplinary Procedure.  It is recommended that a record be kept of meetings when concerns were brought to the employee’s attention and discussed.

Occasionally, however serious concerns may arise for example around staff ember's capability or conduct which cannot be resolved through informal discussion.

Whenever serious concerns are identified or the Disciplinary Procedure is being considered advice should be sought from the District Lay Employment Secretary.  Additional remote advice is available from HR Department at Methodist Church House.

It is for the employer to demonstrate that it reasonably believed in the staff members' lack of capability after making a reasonable enquiry. A fair procedure, aimed at addressing poor performance and giving the employee the opportunity to improve their performance, must be followed prior to a decision being  made to dismiss on grounds of incapability.

Conduct issues might include lateness, refusal to cooperate, misuse of IT or bullying. It might even include violent behaviour and other crimes. 

In all cases, the organisation's own procedures should be followed as well as the ACAS Code of Practice on disciplinary and grievance procedures.

Model Disciplinary Procedure is available from Downloadable Templates  in section 5.

Further reading:

Capability procedures - Acas

Step 1: Understanding the options: Disciplinary procedure: step by step - Acas