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MT - Capability Guidance
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Created on November 9, 2023
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Lauren Clarke HR Advisor
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Capability Guidance
HEALTH
LACK OF SUPPORT
LACK OF TRAINING
Different Ways of Working.
Overstated Experience
Lack of Understanding - Organisation - Job role
What can cause a capability issue?
Missed targets or projects.
Basic mistakes and errors.
Lack of understanding of extent of duties.
Lack of confidence in work.
Lack of new ideas and development plans.
Poor quality of work.
Employee Lacking Capability
Next
Types of Actions
- Make notes of the discussion and record all evidence of the informal action on the employee’s file.
- 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.
Informal Action is Usually:
informal Action
The Company has taken reasonable and necessary steps to assist the employee to improve their poor performance but there has been no improvement.
It is clear that the employee’s performance cannot be improved by any support available to be offered by the Company.
An informal warning has been given but there has been no improvement.
formal action
PERFORMANCE IMPROVEMENT PLAN
Where the employee and line manager review whether improvement targets have been met.
REVIEW
Where the employee and line manager set out plan for performance improvement and agree timescales for this to be met.
CAPABILITY HEARING
Inviting the employee to a formal hearing to discuss concerns applying a suitable sanction where appropriate.
formal Action
Allow employee to discuss the issues and highlight any extenuating circumstances.
Ask whether there are any further support requirements.
Adjourn when necessary and ensure you do so to consider your final decision.
Explain structure, status of meeting and representation rights.
Ask open questions.
Outline performance concerns and any evidence of this.
Agree note taking procedure.
Introduce attendees by name and explain their roles.
during a capability hearing
- 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.
Following the hearing, confirm in writing:
following a Capability Hearing
Any assistance to be provided.
Consequences of failure to improve.
Agreed timescale for improvement.
Current performance requirements.
Any previous objectives to address the performance gap.
Formal document which sets out:
The performance gap (current vs expected).
Performance Improvement Plan
Mentoring.
Shadowing.
Buddy.
Working Support e.g techology.
Assistance.
Training.
Performance Improvement Plan CONT.
- 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.
- Where you are satisfied with their improvement, this concludes the process.
- Once the time period for improvement has passed, review the individual’s performance.
reviewing performance
- The outcome of this hearing will be a formal warning and a further performance improvement plan.
- Where the agreed performance improvement has not been reached, further formal action is needed.
- Invite employee to formal capability hearing to review continued underperformance – same process as previous meeting.
- Further improvement will be outlined and, at the end of the time for improvement, a review will need to be undertaken.
reviewing performance Cont.
A trial period can be used in an alternative role to ensure this is suitable for the individual.
You will need to consider alternative roles and employment to ensure the dismissal decision is fair and reasonable.
Following a continued failure to meet the improvements outlined within the performance improvement plan, a dismissal for lack of capability may be reasonable.
Continued Underperformance
- Consideration has been given to alternative employment.
Will need to be able to show:
- Improvement has not occurred even though warnings and support were provided.
- An opportunity to improve was given.
- An honest belief, on reasonable grounds, that the employee is incapable of performing satisfactorily and reasonable steps have been taken to verify this.
Capability Dismissals
Next
CAPABILITY Process
Holding an Informal Capability Hearing
Holding a Formal Capability Hearing
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.