need to think capability - not disciplinary -procedure, explains Jacqui
Mann
The main difference between the two types of proceedings are that disciplinaries deal with conduct (when the employee won't do something required of them) while a capability proceeding deals with the employee's ability to carry out the role (the employee can't do, or is struggling with, the job). If an employee is on long-term sick leave, you would deal with any potential dismissal under this policy.
Investigation and capability proceedings
Managers should consider whether there are any exceptional circumstances - for example, insufficient training has been given - before starting the capability procedure. A hearing should be conducted by the employee's line manager.
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