need to think capability - not disciplinary -procedure, explains Jacqui
Mann
The main difference between the two types of proceedings are that disciplinaries deal with conduct (when the employee won't do something required of them) while a capability proceeding deals with the employee's ability to carry out the role (the employee can't do, or is struggling with, the job). If an employee is on long-term sick leave, you would deal with any potential dismissal under this policy.
Investigation and capability proceedings
Managers should consider whether there are any exceptional circumstances - for example, insufficient training has been given - before starting the capability procedure. A hearing should be conducted by the employee's line manager.
Steps to follow for a capability hearing
- The employee must be made aware of the complaint, and that the hearing is being convened under this procedure.
- Advise the employee of the time, date and place and of their right to be accompanied by a colleague or trade union representative.
- The manager conducting the hearing will explain the purpose of the hearing to the employee. The employee will be given a chance to respond. The manager will review all available evidence before deciding what action is likely.
- If the manager conducting the hearing is satisfied that the employee's work is to a satisfactory standard and that no further action will be taken, the employee should be informed in writing.
If the work is not to a satisfactory standard, action will be taken under one of the capability stages.
Action under one of the capability stages is normally one or more of the following:
- A timescale for improvement.
- Suitable training, guidance and feedback.
- Setting task(s) for the employee to complete.
- Following the expiry of any period during which improvement is required, the employee will be informed that - either performance has shown satisfactory improvement, or performance has not shown satisfactory improvement and further action will be taken.
Jacqui Mann is managing director of HR4 Nurseries, www.hr4nurseries.co.uk.
