2. LEGAL TERM: CAPABILITY
Persons role should be in job description
Check what they are currently doing matches
their original employment
Includes – time keeping and office behaviour
Good practice to have regular appraisal with
employees*
*see “how to conduct an appraisal”
3. HOW SERIOUS IS THE
CONDUCT?
Not Serious: Informal chat and
monitor behaviour
Serious: Formal Process
9. HOW TO COMMICATE THE DECISION
Orally, followed up in writing
Contain action points for improvement
Time frame for improvement (3 months)
Consequences if fail to improve
Inform of right to appeal and who to appeal to
and time frame
11. IF THE PROBLEM CONTINUES
Repeat this process at least once
12. IF THERE IS A SERIOUS ISSUE.....
Use the disciplinary process
Do not proceed straight to dismissal
If you do follow a disciplinary procedure,
consider re-engagement of employee to a
more suitable position within your
organisation
In the former case, it stated that the equal pay claim must have been in existance at the time of the transfer. The transferee has no obligation to put you on better benefits than you were enjoying before. There is a time llmit of 6 months from the date of transfer I would still advise you to be careful in the long run In the second case, preserving an employees TUPE rights, 2 years on, was a valid defence to an equal pay claim
