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CIPD Level 55HR01AC 3.1

Managing capability and misconduct procedures in practice

5HR01Employment relationship management

This CIPD Level 5 video, part of the 5HR01 Employment relationship management unit, explores how to manage capability and misconduct procedures in practice whilst adhering to unfair dismissal legislation. Learners will examine the principles of unfair dismissal law, including relevant codes of practice, and understand the critical distinctions between capability and misconduct issues, fair and unfair reasons for dismissal, and the differences between ordinary and gross misconduct. The video emphasises the importance of acting fairly and reasonably throughout formal hearings and warnings, alongside essential practices such as record keeping and employees' rights to be accompanied to disciplinary hearings. By watching this resource, you'll gain practical knowledge to implement compliant and equitable capability and misconduct procedures within your organisation.

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Assessment Criteria 3.1

Explain the principles of legislation relating to unfair dismissal in respect of capability and misconduct issues.

Indicative Content

Unfair dismissal law: the principles of unfair dismissal law; relevant legislation; relevant codes of practice. Capability and misconduct issues: definitions of capability and misconduct; fair and unfair reasons for dismissal, importance of acting fairly and reasonably; formal hearings and warnings; differences between ordinary and gross misconduct; record keeping; right to be accompanied to disciplinary hearings.

What You'll Learn

Video covering: Managing capability and misconduct procedures in practice

About 5HR01Employment relationship management

CIPD Level 5
5HR01
Learning Outcome 3

This unit examines the key approaches, practices and tools to manage and enhance the employee relationship to create better working lives and the significant impact this can have on organisational performance.

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