Tag Archives: absence

Dealing with Disciplinary and Capability Issues

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It is a mistake to think that performance problems, whether they be capability or disciplinary in nature, will simply go away or sort themselves out.  

Issues such as sickness absence, poor attitudes/behavior, failure to meet objectives and poor general standards of work must be dealt with appropriately and effectively as soon as they occur. 

In most instances and informal chat may be enough to solve the problem but if not then you have laid the groundwork for the formal disciplinary process to begin. 

 What to consider when planning your approach:

  • Do you want to conduct an initial informal chat or start with a more formal meeting? Is the employee entitled to be accompanied by a representative at the meeting?
  • What is an appropriate review/warning period?
  • If dismissal is a possible end result, are there any alternative work options available to the employee?
  • What acts of poor performance are serious enough to instigate a dismissal procedure?
  • If the issue involves bad attitude/behaviour ? is this a capability or conduct issue? What are the differences in approach to handling these issues?
  • What are the legal requirements of a disciplinary procedure?  Informal and formal meetings, formal and informal warnings, right to respond, opportunities to improve etc. 

On Thursday 21st June we will be holding a workshop covering the practical aspects of carrying out a capability or disciplinary procedure.  We’ll look at what the differences are between capability and disciplinary and how you can handle them with confidence and success. 

The workshop will be held at the Hennerton Golf Club from 9.30am to 12.30pm.  Please contact Sue for further details or to book your place.

Sickness Absence

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Every employee will invariably be sick and unable to work from time to time.  But it is important to keep in contact to establish any support they need and when you can expect them to return to work. In extreme circumstances, or where you suspect the sickness my not be genuine, it may be necessary to terminate a contract of employment but you must follow a fair procedure first – do you have the correct processes in place?

Short Term Absence:

  • Discuss the problem with your employee as soon as possible and keep lines of communication open at all times
  • Monitor the absence and document the ‘calling in sick’ process.  Can the employee complete a self-certification notification or do you require a Dr’s letter?
  • Once your employee is fit to return to work, make sure you have all your ducks in a row and have conducted a thorough return to work interview
  • If necessary instigate a formal action process including warnings and dismissal, as a last resort
  • Learn from employee absence, conduct reviews and look for patterns that can help you to avoid absence in the future

Long Term Absence:

  • This is when a period of absence exceeds four weeks in duration.  In these instances an employee is required to provide medical support
  • Keep in regular contact and help to obtain medical advice that will assist in return to work
  • Avoid the risk of disability discrimination by taking your duty of care seriously and making all necessary adjustments
  • Manage return to work effectively, consider a phased return where necessary or take all the right steps to instigate dismissal on the grounds of ill health

Dismissal is always a last resort, factors that must be taken in to consideration before heading down this path include:

  • The nature and length of the illness
  • Length of service and previous record
  • Any improvement in attendance
  • The effect of absence on colleagues and the business as a whole
  • Whether there are other employment options available