Conduct vs capability: what is the difference? Surely, they are basically the same thing? The employee has done something wrong, and they need to be disciplined. However, the difference between the two terms is rather large and can affect how you deal with a raised concern. So, what is the difference between conduct and capability, how do you handle each concern, and are there any similarities in the processes? In this week’s blog, we will find the answers to those questions.

Is there a difference between conduct and capability? Yes. Simply put, conduct is about an employee’s behaviour at work, and capability is about an employee’s ability to do their job. Sometimes in the industry, we say ‘can’t or won’t’.

Let’s put those definitions into real-life situations. Firstly, conduct. An employee refuses to follow legitimate instructions from their manager. The employee has decided to misuse the company’s social media policy. Inappropriate language has been used in the workplace; the list continues. For a more in-depth list, review your own disciplinary policy; some do have a list of misconduct and (should for) gross misconduct offences.

What about capability then? Potentially, the employee makes frequent mistakes in their work output. The individual has inadequate technical skills or knowledge for the job. There are issues with communicating information clearly and effectively. Again, some capability procedures will have a list of possible performance issues.

Although we now know the difference between the two terms, sometimes when you are in the heat of the moment and close to a situation, it is difficult to determine what category an action should fall under. Is it a conduct issue or is it a capability concern; how do you work out which one it is? Answering that question is important, as the process for dealing with the two issues is different. The answer is… investigate! Undertake a full, fair, and unbiased investigation into the matter. Look for evidence that supports the employee but also that supports your allegations. You may need to speak to relevant employees, review evidence, and on some occasions, undertake an investigation meeting with the employee to gain a further understanding of the situation. Once the investigation has been completed, it will reveal whether the matter is conduct or capability. For further help on how to conduct a fair and reasonable investigation, click here.

You have identified the issue – what now? If you have identified a conduct issue, this would need to be handled according to your organisation’s disciplinary procedure. In practice, this would mean conducting an investigation (if you haven’t already), inviting the employee to a disciplinary hearing to determine their version of events, and if they have any mitigating circumstances, deciding on an outcome of a first written warning, final written warning, or if the employee has committed gross misconduct, dismissal with or without notice may be considered. Of course, there is much more to the disciplinary process, please reach out to a member of the View HR team for support. We have also written a blog that myth-busts the disciplinary process: https://viewhr.co.uk/disciplinary-myths/

For capability concerns, employers should use the capability procedure; for some, this may be built into your disciplinary procedure. Performance management focuses more on maintaining and improving an employee’s performance in line with your organisation’s objectives. It’s not a single activity but rather a group of practices that should be approached holistically. Set goals, provide training and support, and hold regular two-way discussions; should this process not garner positive results, warnings may be given, and ultimately, dismissal may be considered. Again, if you require support to tackle a capability concern, please reach out to a member of the View HR team.

Both conduct and capability situations should be handled differently; however, there is one main similarity between them. If you have ever been involved in a disciplinary or capability process, you will be aware of the emotional toll it can have on an employee. Imagine you have been told your performance is substandard, or your behaviour is not as expected. Ensure you treat your employees – despite concerns – with the utmost respect and dignity. Not only will this ease the process for both parties, but it will retain your organisation’s reputation.

Understanding the distinction between conduct and capability is crucial for effectively managing employee concerns. Conduct relates to an employee’s behaviour, while capability involves their ability to perform their job. Identifying the nature of the issue through a thorough investigation is key to applying the appropriate procedures. Handling these matters with fairness, respect, and dignity is not only a legal necessity but also a vital component in maintaining a positive organisational reputation. For guidance on navigating these processes, the View HR team is always ready to assist.