Disciplinary Grievance and Capability

Managing people can be time consuming and, at times, thankless task.  Most small business owners have experienced the frustration of an employee who is under-performing or who has regular short-term absences.  Where other employees are affected, this can impact on morale within the business as well.

But we all know you shouldn't just dismiss someone.  Perhaps more importantly, we also know that to do so without following a fair procedure, could leave you facing a costly Tribunal with the associated negative PR for your business.

HR Legislation states that your procedures for dealing with disciplinary and grievance situations must be contained within your Employment Contracts or, at the very least, a reference to where they can be found.

There can also be questions over which procedure should be used.  As a general rule, where you want to address a performance management issue, the disciplinary procedure is the correct procedure.  The capability procedure is typically used where the under-performance is caused by the employee's ability to perform their role and this can include genuine absence problems.

Our HR Consultants are available to help and advise on:

  • Repeated Short Term Absences

  • Long Term Absence

  • Poor Performance

  • Monitoring Performance

  • Unsatisfactory Probation

  • Personal Improvement Plans (PIP)

  • Improvement Notices

  • Formal Warnings

  • Dismissals

  • Gross Misconduct or General Misconduct

  • Risk of Discrimination

  • Employee Complaints and Concerns

  • Alleged Discrimination

  • Reasonable Adjustments

  • Union Recognition