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MT - Capability Guidance

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Created on November 9, 2023

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Capability Guidance

Lauren Clarke HR Advisor

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What can cause a capability issue?

LACK OF TRAINING

LACK OF SUPPORT

Overstated Experience

HEALTH

Lack of Understanding - Organisation - Job role

Different Ways of Working.

Employee Lacking Capability

Lack of confidence in work.

Missed targets or projects.

Lack of understanding of extent of duties.

Poor quality of work.

Basic mistakes and errors.

Lack of new ideas and development plans.

Types of Actions

Next

informal Action

Informal Action is Usually:

  • A discussion about performance needs.
    • Alert to underperformance concerns.
    • Agree performance targets.
    • Agree timescale for improvement.
    • Alert line manager to any further needs e.g. training/support.
  • The issuing of an informal warning and the consequences of continued underperformance.
  • Make notes of the discussion and record all evidence of the informal action on the employee’s file.

formal action

It is clear that the employee’s performance cannot be improved by any support available to be offered by the Company.

The Company has taken reasonable and necessary steps to assist the employee to improve their poor performance but there has been no improvement.

An informal warning has been given but there has been no improvement.

formal Action

PERFORMANCE IMPROVEMENT PLAN

CAPABILITY HEARING

REVIEW

Inviting the employee to a formal hearing to discuss concerns applying a suitable sanction where appropriate.

Where the employee and line manager review whether improvement targets have been met.

Where the employee and line manager set out plan for performance improvement and agree timescales for this to be met.

during a capability hearing

Adjourn when necessary and ensure you do so to consider your final decision.

Introduce attendees by name and explain their roles.

Allow employee to discuss the issues and highlight any extenuating circumstances.

Explain structure, status of meeting and representation rights.

Outline performance concerns and any evidence of this.

Ask whether there are any further support requirements.

Ask open questions.

Agree note taking procedure.

following a Capability Hearing

Following the hearing, confirm in writing:

  • Any warning issued
  • The requirement performance improvement (the performance improvement plan)
  • Timeframe for improvement
  • What will happen if there is no improvement
  • The right to appeal.

Performance Improvement Plan

Formal document which sets out:

Agreed timescale for improvement.

The performance gap (current vs expected).

Any previous objectives to address the performance gap.

Consequences of failure to improve.

Any assistance to be provided.

Current performance requirements.

Performance Improvement Plan CONT.

Training.

Shadowing.

Working Support e.g techology.

Assistance.

Mentoring.

Buddy.

reviewing performance

  • Once the time period for improvement has passed, review the individual’s performance.
  • Where you are satisfied with their improvement, this concludes the process.
  • Write to the employee confirming that no further action will be taken at this time – but advise that further underperformance will be monitored and actioned.

reviewing performance Cont.

  • Invite employee to formal capability hearing to review continued underperformance – same process as previous meeting.
  • Where the agreed performance improvement has not been reached, further formal action is needed.
  • The outcome of this hearing will be a formal warning and a further performance improvement plan.
  • Further improvement will be outlined and, at the end of the time for improvement, a review will need to be undertaken.

Continued Underperformance

A trial period can be used in an alternative role to ensure this is suitable for the individual.

Following a continued failure to meet the improvements outlined within the performance improvement plan, a dismissal for lack of capability may be reasonable.

You will need to consider alternative roles and employment to ensure the dismissal decision is fair and reasonable.

Capability Dismissals

Will need to be able to show:

  • An honest belief, on reasonable grounds, that the employee is incapable of performing satisfactorily and reasonable steps have been taken to verify this.
  • An opportunity to improve was given.
  • Improvement has not occurred even though warnings and support were provided.
  • Consideration has been given to alternative employment.

CAPABILITY Process

Next

Holding an Informal Capability Hearing

Holding a Formal Capability Hearing

Welfare

Employee Assistance Programme

Mental Health First Aider

Health Shield is dedicated to helping keep employees & businesses in the best of health, with a range of innovative health & wellbeing solutions. 24/7 Counselling & Support Helpline 0800 028 1963

Mental Health First Aiders are not trained to be therapists or psychiatrists, but they can offer initial support through non-judgemental listening and guidance.

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