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Disciplinary and capability procedures

This advice concerns the rights of employees who are subject to formal action regarding their conduct or capability.

Employers are obliged to act reasonably and to follow a fair process when considering issues of misconduct or underperformance. To do this they must develop and apply fair disciplinary and capability procedures. 

Specific procedural safeguards apply to dentists and doctors employed in the NHS under the relevant national capability / disciplinary procedures. 

Any salaried member involved in a disciplinary or capability process should contact our Employment Relations Team without delay. If the issue involves clinical practice, prompt contact with the defence organisation should be made. 

This advice concerns the rights of employees who are subject to formal action regarding their conduct or capability. The support available from the Employment Relations Team to salaried members involved in such procedures is also explained.