Workplace Standards · Section 10
Capability Procedure
Where unsatisfactory performance at work is due to lack of skill, aptitude, health or any other physical or mental quality, then the matter will be dealt with under the following procedure.
About this policy
Where unsatisfactory performance at work is due to lack of skill, aptitude, health or any other physical or mental quality, then the matter will be dealt with under the following procedure.
A formal warning stage is provided in this procedure. If an employee is given a formal warning under this procedure, the warning may also be taken into account if there are any disciplinary findings against the employee under the disciplinary procedure, before reference to the warning expires. Similarly, any current disciplinary warning can be taken into account at the final stage of the capability procedure.
When an employee’s ability to perform to a satisfactory standard is due directly to physical or mental impairment as defined under the Disability Discrimination Act 1995, professional advice/guidance should be sought before any action is taken.
Capability Procedure
Stage 1 Improvement Workshop
Where an employee, through lack of capability, is unable to carry out work required or is performing at an unsatisfactory level, the employee’s immediate manager will conduct an informal discussion
with the employee. This will be used to bring the employee’s attention to the issues in question to obtain facts and details relevant to the issues and needs and initiate agreed options for improvement.
Following the discussion, appropriate arrangements will be made to supervise and monitor the employee’s continuing performance. The employee will be required to cooperate with the monitoring process.
A file note will be kept of all discussions and agreed improvements with appropriate targets and review dates.
Stage 2
If, after allowing a reasonable time for improvement, it is considered that the employee has failed to achieve the standards of performance required, the employee will be sent a letter outlining the issues and inviting them to attend a formal interview to discuss the matter. The meeting will be conducted by the manager or more senior member of management. Consideration will be given to whether the matter is due to lack of capability or is within the employee’s control to make the necessary improvements. If it is the latter, further action shall be taken under the disciplinary procedure.
Where it is still considered to be a capability issue, the employee will be reminded of the steps taken to encourage improvement or have explained the consideration that was given to reports obtained or qualified assessments of ability to fulfil the required role.
The employee, who may be accompanied by a fellow employee or a trade union representative, will be given the opportunity to raise any points which he or she wishes to have considered. If no acceptable explanation is given by the employee or it is considered that improvement to a satisfactory level is unlikely to be achieved within an acceptable time span, then the employee will be formally warned that failure to achieve and sustain a level of satisfactory performance will lead to further action which could lead to the termination of the employee’s contract of employment.
Following the formal interview, appropriate arrangements will be made to supervise, monitor and regularly review the employee’s continuing performance. The employee will be required to cooperate with the arrangements made.
Stage 3
If after a reasonable time has been allowed for improvement or a subsequent review confirms that improvement will not be achieved, then a further formal interview will be arranged. The meeting will be conducted by the Manager (or more senior member of management). Consideration will be given to all the facts relating to the issue. The employee will be given the opportunity to raise any points, which he/she wishes to have considered.
Having gathered the facts, the meeting will be adjourned to consider appropriate action. Options available may include:
Agreeing an extension to the time for which improvement shall be made
Reallocation of duties with associated review of salary/grade
Transfer to another job
Termination of contract of employment
Other agreed options (i.e. early retirement, etc.)
Where appropriate action involves a transfer or termination of employment, then authority must be granted by a Director.
The agreed action will be explained to the employee at a reconvened meeting and confirmed in writing.
If dismissal is decided upon, the employee will be dismissed with notice or with pay in lieu of notice.
Appeals
The employee has a right of appeal at all stages of the Capability Procedure. Appeals should follow the standard Appeal Procedure as outlined in the Disciplinary Procedure.