Capability policy and procedure

Review period

The panel may decide to set a further review period. It will be between one and three months to provide the employee with an opportunity to improve. They will provide a PIP which details:

• the improvements that they need to see
• what training and support we can provide
• what monitoring and review will take place and to what frequency
• the date of the end of the review period

We will reconvene the capability hearing if the employee does not make satisfactory progress. It will include the same panel following the same procedure.

If improvements are made through the period, in accordance with the PIP, and no further action is to be taken, the employee will be advised of this. This will be followed up in writing.

Dismissal with notice

The panel may dismiss the employee on the grounds of capability. This would be due to continued unsatisfactory work performance. A dismissal will ordinarily be with notice.

The chair of the panel may tell the employee their decision:

• at the end of the hearing
• following an adjournment
• as soon as reasonably possible following the hearing

We will confirm in writing with the employee:

• the decision, together with the reasons for dismissal
• the right of appeal

Alternative role

At any point in this procedure a manager may recommend and consider that an alternative role is appropriate for the employee. They will take into account the circumstances of their performance, their capability and relevant skills.

The manager or head of service should only consider this option if:

• they are confident that the employee will perform well in an alternative role, and
• there is an alternative role available

This would only be considered as an alternative to dismissal in circumstances where:

• manager is satisfied individual can no longer continue in current role
• there is a role available

We may need to consider the employee as an internal candidate for a different position. 

The employee is free to refuse to consider an alternative role. The outcome may be to continue with the formal capability procedure.

Withholding pay progression increments

We may withhold pay progression increments at any stage of the capability procedure. If the employee’s performance becomes satisfactory a pay progression increment can be paid at the next increment date. We will not backdate this.

Maintaining performance improvements

An employee must maintain improvements in performance to an acceptable level. They must do this within 12 months of any informal or formal review. If not, the manager may return immediately to the same stage of the procedure.

Appeals

You have the right to appeal against dismissal under this procedure. We must receive this within five calendar days from the date that the employee is deemed to have received the letter confirming outcomes from the capability hearing. Additionally, confirmation of the intent to appeal must confirm the grounds of appeal. The employee will then have a further five calendar days to submit documentation.

To find out more about the appeals procedure, read our appeals policy.