Conduct unbecoming

Because you are concerned about his performance, a formal meeting is in order, but detail your concerns beforehand to him in writing.

You are obliged to tell him his right to have someone with him and give adequate notice so he can prepare his defence. You must point out performance areas of concern and seek an explanation. If you disagree or misunderstand, seek clarification or challenge him on those issues.

Once everything has been said, suspend the meeting to evaluate whether it is a capability or a conduct issue. If it is a conduct issue, then issue a formal warning. If capability, then different treatment is required as capability has different connotations of culpability to conduct and you may have to consider training or retraining. If the cause is alcohol abuse, you will need to treat it as a capability issue (ill health) and proceed differently again.

Be sensitive and remember alcoholism is regarded by tribunals as an illness. Establish if treatment is being sought and from where. If so, you must assist with this, for example, by adjusting his work. If he fails or ceases his attempt to recover, or refuses to explain why treatment has stopped, then proceed with a warning.

If it is a conduct issue and is serious enough, you can issue a first and final warning or some lesser degree of warning depending on the severity of misconduct. Reconvene the meeting to explain your decision, confirm it in writing and inform him of the right to appeal.

If you see the issue as one of capability, this does not fit easily with statutory disputes and may mean several reports and letters before the procedure is completed. The final step would always be a right to appeal.

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