DEALING WITH CONDUCT AND CAPABILITY IN THE WORKPLACE

WHAT IS CAPABILITY AND CONDUCT?

Capability refers to an employee’s ability to perform their role effectively, including their skills, aptitude and overall competence. Conduct, on the other hand, relates to an employee’s behaviour in the workplace. While both can lead to underperformance or dismissal, confusing the two can create uncertainty for the employee and potentially cause issues if the matter progresses to an employment tribunal.

WHAT IS THE DIFFERENCE BETWEEN CAPABILITY AND CONDUCT?

The major distinction between the two comes down to willingness and attitude. Conduct refers to an employee who fails to perform their duties, despite being fully able to do so. Whereas capability refers to an employee being unable to complete tasks due to their skills, training or health issues.

Conduct issues can include persistent lateness, misuse of IT systems, refusing management instructions and volatile behaviour. 

Capability issues can refer to a lack of skill, training or poor health impeding an employee’s ability to do their job.

STEPS TO TAKE WITH WORKPLACE CONDUCT ISSUES 

When dealing with workplace conduct issues, it is important to follow a fair and consistent process. Taking the correct steps from the outset helps employers understand the cause of the issue, gather the necessary evidence and respond appropriately in line with company policies and employment law.

Identify the Issue and Gather Evidence

Start by clearly identifying the issue. What signs of underperformance or misconduct are you noticing? In terms of conduct, this may include persistent lateness, poor quality of work, workplace disputes or other concerns. Gathering evidence is important to ensure the process remains fair and objective, while also helping to demonstrate any ongoing patterns of behaviour. This evidence could include performance reviews, manager feedback or attendance records. 

Review Company Policy and Documentation

Before taking formal action, review your disciplinary policy and any relevant documentation. It’s important to handle workplace issues that deal with conduct appropriately and in line with company procedures, employment contracts, and current employment law guidance. Failing to do so can lead to inconsistent handling, employee disputes and potential legal or tribunal risks.

Address the Issue Straight Away

Do not wait and hope the issue resolves itself. Addressing workplace conduct concerns early helps set clear expectations and reinforces acceptable standards of behaviour across the team. Prompt action also demonstrates that company policies are taken seriously and that appropriate steps will be followed when rules are breached.

Set up a Private Discussion

Arrange a private meeting to discuss the issue in a professional and respectful setting, ensuring the conversation is still documented by an impartial third party where appropriate. This allows the employee to explain their perspective and helps managers understand whether underlying factors may be contributing to the behaviour.

Keep Accurate Documentation Throughout

Maintain accurate records throughout the process for consistency, accountability and legal protection. Document meetings, evidence, actions taken and any agreed outcomes or support provided. Clear documentation helps demonstrate that the issue was handled fairly and can provide evidence if the matter later progresses to a formal grievance or employment tribunal.

Set Clear Expectations From Company Policy

Clear company policies help employees understand exactly what is expected of them in the workplace. Employment contracts and employee handbooks should clearly outline job responsibilities, acceptable standards of behaviour and the potential consequences of misconduct.

Create a Clear Plan of Action

In order to keep your business prepared and protected, it’s essential to have a plan of action. This enables employers to undergo a step by step procedure in the event of any employee misconduct. A plan of action also improves the likelihood of a quick and fair resolution before issues can potentially escalate. 

Monitor Improvements

Depending on the conduct issue, continue to observe and document any improvements in behaviour or performance. Regular monitoring helps ensure expectations are being met, provides accountability and allows managers to offer further guidance or support where needed.

CAPABILITY IN EMPLOYEE PERFORMANCE 

Capability relates to an employee’s ability to perform their role effectively. Issues may arise due to lack of training, experience, illness, changing responsibilities or difficulty adapting to new systems.

CAPABILITY RELATED TO HEALTH ISSUES

An employee may have the skills and experience to perform their role but struggle due to physical or mental health issues. This can include long-term illness, stress, injury, fatigue or conditions that affect attendance or workplace performance. 

WHAT TO DO WITH HEALTH RELATED CAPABILITY

These situations need to be monitored closely and managed sensitively. Take the time to understand the health conditions, determine what reasonable adjustments can be made and assess their progress. 

Understand How the Health Issue Affects the Employee 

Consider how the health issue is affecting the employee’s ability to perform their role. Identify which aspects of their work are being impacted, how their condition is contributing to the issue and what support or treatment options may be available. 

Review Attendance Records 

Assess the employee’s attendance records to identify any patterns, ongoing concerns or recent improvements. This helps employers understand how health issues may be affecting reliability, performance and ability to fulfil their role. 

Obtain Medical Evidence and Seek Occupational Advice 

Employers should aim to explore every reasonable option to support their employees. Obtaining medical evidence and occupational health advice demonstrates a proactive and supportive approach, while helping employers better understand the employee’s condition, its impact on their role and any reasonable adjustments that could help them continue performing their duties effectively.

Consider Reasonable Adjustments

Once you’ve gained an understanding about an employee’s health ailment, you can begin seeking reasonable adjustments. This can be in the form of working from home, ergonomic office furniture, reduced hours, flexible schedule or other changes that can allow them to comfortably work. 

Develop a Return to Work Plan

If an employee has missed considerable time, a structured return to work plan can facilitate a seamless transition back into the workplace. This helps set realistic expectations, provides appropriate support and reduces the risk of overwhelming an employee upon return.

Ensure Regular Communication 

Communication is paramount to any successful working relationship, especially in situations where an employee is dealing with a health ailment. By keeping the lines of communication open, all parties have a better understanding of what’s expected from them.

Treat Employees Fairly and Consistently 

When dealing with capability-related issues, fair and consistent treatment is essential. Applying the same standards, processes and support across the workforce helps build trust, reduce disputes and ensure compliance with employment law and company policies.

Consider Role Alternatives

Consider all available options before making a final decision. An employee may struggle in one position but perform successfully in another role better suited to their skills, experience or circumstances. Exploring alternative roles or adjusted responsibilities can provide a positive outcome for both the employee and the business.

HOW CLOVER HR CAN HELP WITH WORKPLACE PERFORMANCE

Whether managing capability or conduct issues in the workplace, it is the employer’s responsibility to carry out proper due diligence and follow the appropriate procedures to ensure the matter is handled fairly. The expert consultants at Clover HR can support your business in all aspects to ensure these challenges are not only resolved but in line with employment law. Fill in our contact form, give us a call on 0330 175 6601 or email us at info@cloverhr.co.uk.