Managing disciplinaries and capability can be challenging—but it’s essential to get it right. I provide clear, compliant guidance to help you navigate difficult situations confidently and fairly. From an initial assessment to outcomes, I ensure every step aligns with your policies and employment law, helping to minimise any risks.

Review of the incident or allegation to confirm if disciplinary action is appropriate.
Advice on the correct process under the ACAS Code of Practice (informal vs formal).
Guidance on suspension (when appropriate) and risks involved.Recommendations for evidence gathering and separation of roles (investigator vs decision-maker).
Drafting timeline and process plan to ensure legal and procedural compliance.
Assessment of potential legal risks (e.g., unfair dismissal, discrimination claims).
Advice on proportionality of sanctions (verbal warning, final warning, dismissal).
Support in communicating with employees to maintain fairness and minimise conflict.

Review of the employee’s performance issues and history.
Advice on whether the issue is conduct or capability (to ensure correct process).
Guidance on ACAS-compliant capability procedures (informal vs formal stages).
Recommendations for reasonable adjustments or support (training, mentoring).
Review of role expectations, job descriptions, and KPIs to ensure clarity.
Identify risks of discrimination or unfair dismissal in performance processes.
Advise on probation vs post-probation procedures (different legal implications).
Guidance on documentation required to evidence fair process (appraisals, notes, objectives).

KIRBY HR CONSULTANCY