Disciplinary Action and Capability (10)


“Guides to help you with suspensions, investigations, capability and disciplinary action”

This section provides you with resources for dealing with the various problems that arise at work. ACAS says on its website that “…harmonious workplace relationships are essential to optimum business efficiency. Even minor problems can develop into grievances or disputes if they’re not dealt with quickly and effectively. This is true of issues involving individuals or groups (including trade unions or other representatives).”

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  • Alcohol and Drugs at work by: Employee Rescue £17.99

    This guide is your essential step-by-step guide to your employment rights regarding alcohol and drug dependence and what you can do if you are facing disciplinary action for using alcohol or drugs, or for having alcohol or drugs in your possession at work or outside work.

    Alcohol and Drugs at work

    Alcohol and drugs have an impact on your ability to work safely and correctly. Under the Health and Safety at Work etc. Act 1974, your employer has a duty to ensure that the working environment is free from the inappropriate use of substances and all employees are able to carry out their duties in a safe and efficient manner to protect the safety of the workplace. This includes ensuring that no employees are working under the influence of alcohol and drugs. If you are found in possession of controlled substances in contravention of any of the laws listed below, it could still affect your job, if your employer decides that your actions outside of work are sufficiently serious to justify disciplinary action. This would also apply to being under the influence of alcohol outside of work.

    How Employers generally deal with this problem

    Employers have different approaches to alcohol and drug dependency. It can be approached as a disciplinary, health or performance issue or a combination. Remember that your employer is exactly that. Your employer. Not your counsellor or your friend. As such, your Employer will be more interested in your performance or behaviour, rather than the cause of it, and so it is your performance or behaviour that can get you fired from your job. Depending on the behaviour or performance issue that highlights the dependency problem, your Employer may choose to initially treat it as a health problem requiring a capability process, which can be escalated to a disciplinary if the problem persists. If it is a serious performance or behaviour issue, your Employer can go straight to the disciplinary process and you could lose your job.

    The Guide discusses the law, including case law developments that will help you defend yourself.  It covers what you need to know, taking you quickly and simply through essential information on;
    • The applicable law and your legal rights
    • Remedies available to you
    • Case law on alcohol and drug dismissals
    • Guidance on what to do

  • How to fight dismissal on Probation by: Employee Rescue £25.00

    Everyone will tell you that you have no hope if you are dismissed whilst on probation. This is not true. Many people simply give up because of this myth. If you don’t have a fortune to spend on legal advice then just use this guide…..flip book over for more

  • How to survive a criminal charge, conviction or caution at work by: Employee Rescue £9.99

    You can be disciplined and ultimately lose your job for criminal offences occurring at work and outside work. This guide takes you through your rights and the options available to you in such a situation.

    Criminal charge, conviction, caution or police investigation

    If you have received a criminal charge, conviction, been cautioned or are the subject of a police investigation at work, then this is the guide for you. ACAS says that just because you are charged with or convicted of a criminal offence, received a caution or are the subject of a police investigation, is not enough in itself for disciplinary action to be taken against you. Your Employer needs to consider the impact of the charge or conviction on your ability to do the job, and whether the charge or conviction impacts on your work relationships and/or customers.

    If the outcome of your Employers investigation shows that some disciplinary action is necessary, your employer does not have to await the outcome of prosecution before starting the disciplinary procedure. The police should not be asked to conduct any investigation on behalf of your employer, neither should they be present at any meeting or disciplinary meeting.

    This e-book provides you with essential information and guidance on;

    • Your right to silence
    • How to deal with a charge or conviction
    • How to deal with custody or remand
    • Frustration of contract

    And much more.


  • How to write a grievance about bullying and harassment at work by: Employee Rescue £25.00

    This guide provides in depth direction on writing a grievance about bullying and harassment at work. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.

    What is a grievance?

    The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.   Always try to resolve problems informally before raising a grievance.


    Bullying and harassment

    ACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.”

    There is not a single piece of legislation that deals directly with bullying and harassment at work, but there are many laws that can provide you with a remedy for bullying and harassment. Unfortunately, most of the legal framework does not prevent bullying, but rather provides you with compensation after you have been bullied.

    Under section 26 of the Equality Act 2010, harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. To be protected under the Equality Act 2010, the harassment must be related to a protected characteristic. Harassment includes bullying if it relates to one of the protected characteristics listed above. Even if the harassment does not relate to a protected characteristic, you are protected by the Protection from harassment Act 1997.

    This guide provides you with critical information on your legal rights, with templates and tactics to help you raise a grievance about bullying and harassment, as well as the stress that it causes.

  • How to write a grievance that gets you what you want by: Employee Rescue £25.00

    Write a grievance that gets you what you want

    The guide provides in depth direction on writing your grievance including explanations of the law. It shows you how to draft a compelling grievance and includes templates and precedents for different types of grievance.

    The ACAS Code of Practice on Discipline and Grievance Procedures sets out the recommended procedure when dealing with grievances. It is accompanied by the guide to Discipline and Grievances at work, which provides directions for you and your employer on addressing a grievance at work. The ACAS Code says that a grievance is a concern, problem or complaint that you can raise with your employer. It provides a list of issues that may cause grievances including;

    • terms and conditions of employment
    • health and safety
    • work place relationships
    • bullying and harassment
    • new working practices
    • working environment
    • organisational change
    • discrimination

    You may also have a problem with a client or a customer. The ACAS Guide says that these should be treated in the same way as grievances within the organisation. This list is not exhaustive, and the definition is so wide that it covers almost all issues that you could have with your employer. The Code applies equally to management and employees.   You should always try to resolve problems informally before raising a grievance.


  • Social Media and Unfair Dismissal by: Employee Rescue £17.99

    By using this e-book you will have the tools to understand and address the different problems that can arise with the Internet, E-mail, Social Media and other electronic communication tools and applications.

    Social Media Dismissal

    Social media is a way of using the internet to interact and share business as well as personal interests with other people all over the world. The 3 main networking sites are Facebook, LinkedIn and Twitter. In addition to these main players there are various other platforms, blogs, forums and comment spaces on information websites. Suffice it to say that social media is huge and you are probably a user of one or more of these platforms. Together with emails and text messaging, the one thing they all have in common is that using them carelessly may cost you your job and worse.

    You can Tweet and re-Tweet, post status updates, like, comment and share opinions and information instantly with a national and global audience. The problem is that once it’s gone, it’s gone! There are no safeguards, you don’t know where that communication is going and unlike some e-mails, once you hit that button you have no way of recalling what you have sent. Even if you delete your account, the communication can be saved and shared. It remains permanently in the ether to come back and haunt you, when you least expect it.

    Using your personal social media account to share with “friends”, “followers” and “connections” can still cause problems at work because you have no control over who they share your communication and personal information with. Misuse or inappropriate use of social media, email and text messaging can create criminal and civil liability for you and your employer. Most criminal offences that can be committed by using words or images can be committed using social media, and the legal repercussions are the same as off-line activity. There is no specific regulation of social media, so existing employment, criminal, data protection and human rights laws apply.

    The Guide breaks down case law in a user friendly way so that you can easily apply cases to your particular situation.  It covers what you need to know, taking you quickly and simply through essential information on;

    • Your legal rights
    • Case law
    • Remedies and compensation
    • Templates
    • Information and guidance on the use of social media in employment

  • Surviving a disciplinary investigation at work by: Employee Rescue £17.99

    What is a disciplinary investigation?

    A disciplinary investigation is a fact-finding mission. No more and no less. The purpose is to find out on the balance of probabilities whether there is a case to answer. It is not an exercise to find out whether an employee is guilty or not. Workplace investigations can be carried out in a variety of situations, and not just in disciplinary action. Investigations happen for example where there are;

    • Matters of misconduct
    • Capability
    • Bullying and harassment
    • Absence
    • Grievances
    • Whistleblowing allegations

    You continue to have employment rights during the investigation.  The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to any matters relating to discipline. Your employer has a legal duty to act reasonably and use a fair procedure. The ACAS Guide gives directions on what it is to act reasonably and fairly, and the duties are further developed by the Courts and Tribunals in case law.

    This e-book is your essential step-by-step guide to the workplace investigation process. It includes templates for witness statements and preparing your chronology. It does not just regurgitate generic information about internal investigation, but supplies you with directions on law and processes that you can apply to your own situation. The book has 61 pages of guidance which includes;

    Preparing your statement of defence
    Your rights in whistle-blowing investigations
    The allegations against you
    The investigation/fact-finding meeting
    Your right to confidentiality
    The evidence against you
    Witnesses and witness statements (including anonymous witnesses)
    Investigation of criminal offences at work


  • Surviving a workplace suspension by: Employee Rescue £17.99

    This e-book is your essential step-by-step guide to Suspension.  It provides you with information on your legal rights and remedies available to you…flip book over for more

  • Surviving Capability and Performance Management by: Employee Rescue £17.99

    By using this book you will have the tools to understand your rights in the event of a capability or performance management process. The book takes you quickly and simply through the law in a user friendly way so that you can easily apply it to your particular situation.

    Capability and Performance Management

    S98 (2) (a) of the Employment Rights Act 1996 makes Capability or Lack of qualifications a potentially fair reason for dismissing an employee. Capability covers a range of issues from lack of productivity to an inability to establish good working relationships with clients or colleagues.

    Your employer can dismiss you on these grounds if they believe that you cannot do your job to the standard required of you. This can be because you can’t work to the skill level needed for the job. It could also be because you can’t carry out the work because you are ill and your employer needs to get the work done. This means you can be dismissed because of your poor sickness record, but your employer will have to go through particular steps to do so. This e-book guides you through what you should do, what to avoid and look out for. In 38 pages, the book guides you through the following;

    • Your Employer’s legal duty to act reasonably and follow a fair procedure
    • The requirements of the ACAS Code on Discipline & Grievance  Procedures
    • Settlement Agreements
    • Sickness Absence
    • Sickness and Disability
    • Meetings with management
    • How to prepare for meetings
    • How to write your capability statement

    And much more.



  • The Disciplinary Hearing by: Employee Rescue £17.99

    Your Employer can discipline you for conduct, capability or some other substantial reason. This book provides all the information, templates and guidelines that you need to help you through the disciplinary hearing.

    What is a Disciplinary Hearing?

    A disciplinary hearing is a meeting facilitated by your Employer to discuss allegations against you and to give you an opportunity to respond to those allegations. Your Employer can discipline you for conduct, capability or some other substantial reason. S13 (4) Employment Relations Act 1999 says that a disciplinary hearing is a hearing which could result in the administration of a formal warning to a worker by his employer, the taking of some other action in respect of a worker by his employer, or the confirmation of a warning issued or some other action taken. In 48 pages, this e-book guides you through your legal rights throughout the process, with tips, templates and tactics on what to do and how to protect yourself.

    This guide gives you valuable guidance on the entire process. It is essential if you want to give yourself the best chance of a good outcome, and to have a strong employment tribunal claim or settlement if you should have to leave your job. The guide is your essential step-by-step guide to the Disciplinary Hearing Process. It is supplemented by free information on the I don’t want to lose my job section of the website. It covers everything you need to know, taking you quickly and simply through essential information on;

    • How to write your statement of defence
    • How to prepare for the disciplinary hearing
    • Your right to be accompanied
    • The evidence against you
    • The allegations against you
    • Witness Statements

    And much more……