Workshop details
Objectives: to enable delegates to deal effectively with unsatisfactory conduct and performance and have a good understanding of relevant employment law and good practice, including differentiating between conduct and capability and the importance of correct procedure and reasonableness.
Duration: Single day workshop
Programmes are agreed on a client by client basis.
Details of the subjects covered in this programme:
- Standards of Performance and Conduct:
- Setting the standards
- Communicating standards
- Monitoring and measuring performance
- Identifying Unacceptable Performance or Conduct:
- Establishing the extent of under-performance
- Determining if the problem is conduct or capability
- The value of informal action
- The Legal Framework:
- The principles of unfair dismissal
- Reasonableness
- Who has protection from unfair dismissal
- Short service, trial periods and probationers
- The right to be accompanied by a companion
- The importance of investigations
- Correct procedures, including statutory requirements, rules of natural justice and the ACAS Code of Practice
- Failure of the employee to attend a hearing
- Dealing with Unsatisfactory Conduct, including:
- Disciplinary procedures
- Gross misconduct and less serious offences proof
- Attitude and co-operation
- Conduct inside and outside work
- Social networking – what action can an employer take?
- Handling Capability Issues, including:
- Capability procedures
- Inefficiency, incompetence and other capability issues
- Alcohol, drugs and similar issues
- Addressing Sickness and Absence:
- Long term absence
- Contractual rights and benefits
- Dealing with short term and intermittent absence
- Handling grievances during/following proceedings
- Employment Tribunal Awards
- The Equality Act – conduct and unsatisfactory performance problems involving disabled employees
Key learning points from the workshop will be addressed at various stages, with delegates participating in syndicate activities where actual Employment Tribunal cases will be considered.
If you would like someone to contact you in connection with the above, please get in touch with Anthony Wilcox, Partner in Employment Law.