Employee conduct and capability procedure

All policies and procedures

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Bracknell Parochial Church Council (“the PCC”) sets out the following procedure approved by the PCC.

Introduction

If the PCC believes an employee's performance needs to improve, it's important we:

• try to understand the reasons why,
• take steps to support and improve the employee's performance.

Taking steps informally can help resolve issues and prevent further action.

If the employee's performance still does not improve, the PCC may decide to investigate more formally to help decide on the most appropriate next steps.

Procedure

Deciding on the best procedure

The Churchwardens should meet with the employee to find out more about the reasons for the issue. This is to help work out whether it's due to either:

• conduct,
• capability.

If it's a conduct issue

Conduct is about an employee's behaviour at work.

Usually it's a conduct issue if the employee has control over their actions. For example:

• calling in sick when they're not genuinely ill,
• they're absent without permission – some might call this 'unauthorised absence' or 'absent without leave' (awol).

It's important the PCC gets as much information as they can and does not jump to conclusions. For example, if we're not sure whether a medical issue is genuine we can ask the employee's doctor for relevant information.

To deal with a conduct issue, the PCC should follow a disciplinary procedure.

If it's a capability issue

Capability is about an employee's ability to do their job.

Usually it's a capability issue if the employee has no control over it. For example, if an employee becomes unable to do their job due to an illness or disability, and adjustments or support could not help.

For a capability issue, the PCC will follow a performance management procedure as laid out in the disciplinary procedure.

If it's not clear

It's not always clear whether an employee's poor performance is due to capability or conduct. The PCC should always carry out a full and fair procedure before deciding on any action.

Managing capability issues

To deal with a capability issue, the PCC will follow a procedure that encourages their employee to improve.

This is to give the employee the chance to get better and to stop any further problems arising.

The PCC could provide their employee with:

• support, for example making changes to their work or arranging counselling sessions
• training to help them do their job better

If the employee has a disability that's related to the capability issue, the PCC will take reasonable steps to support them.

If the PCC has tried all options without success, we could consider dismissal.

If the employee is absent or sick

Even if the employee is ill, they should co-operate as much as they can with any investigation as part of a disciplinary or capability procedure.