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 and 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 or indemnity provider should be made.
Wherever possible, managers should address concerns about conduct or lack of capability informally.
This approach is advocated by the Acas Code of Practice on disciplinary and grievance procedures and by the national policies and guidance applying to dentists employed in the NHS (see below).
Informal action might include having a quiet word with the employee concerned, providing appropriate training, or management support through an ‘action plan’ or one-to-one meetings.
In circumstances where informal action is unsuccessful, or the nature of the concern means the informal approach is not appropriate, employers may instigate a formal disciplinary or capability procedure.
This advice explains what to expect during disciplinary and capability procedures, including what can and cannot happen at each stage. It outlines the support we can provide, your rights throughout the process, and what to do if you are asked to take part in an investigation as a witness. Witnesses may also be anonymous, and we cover the circumstances in which this is appropriate.
The guidance also covers formal hearings, the role of representatives, and how decisions are made. Finally, it explains the steps that may follow if allegations are upheld, including the potential outcomes of disciplinary action and the process to be followed in cases of dismissal.