As the University has both disciplinary and capability procedures, it is important to be able to understand which procedure would apply.
Capability vs Conduct Flowchart
When dealing with issues of conduct the Disciplinary Regulation for Grades 1-5 or the Disciplinary Regulation for Grade 6, Ac1 and Above should be used. This is because there is a presumption that the conduct is mostly in the control of the employee, and that with some support they should be able to improve this.
In relation to capability, we have two separate procedures i.e. the Sickness Absence Procedure and the Capability Procedure for Staff Grades 6, Ac1 and Above or the Capability Procedure for Staff Grades 1 - 5. As these latter two procedures deal with capability there is more of a presumption that the issue may be outside the employee’s full control, and as such both procedures emphasise the need to consider various options/support.
Performance may also be negatively impacted if an employee has a concern, problem or complaint to do with their work or a person they work with, so it is important that these are addressed fairly and promptly and where possible, informally via the Grievance Procedure.
It is also important to identify the issue as this determines which procedure should be used, however, as this is not always clear cut, if you are uncertain, advice should be sought from People and Culture.