Should I use conduct or capability procedure?


Should you deal with an employee’s poor performance through your conduct or capability procedure?

For this performance management question, we’ll be looking at whether it’s appropriate to deal with an employee’s poor performance through the conduct or capability procedure. Sam Corcoran, Deminos director, says:


“Whether an employer should deal with an employee’s poor performance through its disciplinary or capability procedure will depend on the nature of the poor performance. An investigation will have to be carried out to find out the facts.

The difference between conduct and capability depends on whether the employee has control over his or her actions. If the employee is choosing not to do something, this will be a conduct issue. If they are unable to do something, it will be considered to be a capability issue.

When investigating the case, it can be difficult to differentiate between the two. You may have to change from one procedure to another, depending on your findings.”


For more information on how to carry out a workplace investigation, please feel free to give us a call on 020 7870 1090 or email

Author David Ralph

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