Staff Capability Procedure
Introduction
1. Flexibility
The College will follow a fair procedure in the event that action under the capability procedure is necessary. There may be occasions when the College considers it appropriate to change or omit parts of the procedure.
2. Amendments
If the College amends the procedure from time to time, you will be given advance notice of the amendments.
3. Conduct
This procedure does not apply to misconduct or incompetence, incapacity or other poor performance which is attributable to misconduct.
The procedure
4. Investigation
As a first step any capability issue will be investigated. If, after investigating the matter, it appears that there are no reasonable grounds for concern, you will be informed of this in writing and, if relevant, allowed to return to work as normal.
5. Next stage
If it is considered necessary to take formal action in respect of issues relating to your performance a Capability Meeting will be arranged.
6. Information
You will be given reasonable advance notice of the timing and location of the Capability Meeting and will be told, in writing, the purpose of it and the basis of the concern. You will be provided with a copy of any documents which may be referred to at the Capability Meeting and invited to submit any relevant documents. You will be given a reasonable opportunity to consider your response to this information.
7. Right to be accompanied
You may be accompanied to the Capability Meeting by a colleague or trade union official.
8. The Capability Meeting
The Director of Studies will conduct the Capability Meeting and your Head of Department may be asked to attend. You must take all reasonable steps to attend the Capability Meeting. The meeting will address your performance and discuss any measures needed to correct and improve this. You or the person you will be able to ask questions and put forward your point of view. You may request an adjournment if you need to consult the person accompanying you.
Whenever possible the College will offer reasonable assistance and time to help you improve. The following will be considered and discussed with you at the meeting:
Action
9. Outcomes
Following the Capability Meeting, the following steps may be taken:
9.1. written note requiring improvement – if your performance is not meeting the required standard, the Director of Studies will write to you indicating the details of the poor performance and the time period for improvement. You will be advised that it constitutes the first stage of the formal procedure;
9.2. final written warning – if you fail to improve within the time referred to in the previous written note or you are found to have fallen short of the required standard in any other respect, you will be given a final written warning which will set out the details of poor performance and the time period for improvement;
9.3. dismissal – if you fail to improve within the time specified in the final written warning or you have fallen short of the required standards in any other respect, you may be dismissed immediately with notice.
10. Communication of decision
You will be notified of the College’s decision in writing as soon as reasonably practicable. If the concern is upheld, you will be informed of the outcome and your right to appeal the decision.
11. Currency of warnings
All written notes requiring improvement which are issued following a Capability Meeting will remain in effect for a period of 12 months from the date of issue unless otherwise advised to you. A final written warning will remain in effect for a period of 24 months from the date of issue unless you are otherwise advised. Copies will be placed on your personnel file.
Appeal
12. Right of appeal
You have the right to appeal to an Appeal Panel against any decision made following the Capability Meeting if you are dissatisfied with it. You should notify the Director of Studies in writing within five working days of being notified of decision, giving full details of why you wish to appeal.
13. Appeal procedure
The Appeal Panel will arrange a review meeting or a fresh capability meeting which will take place as soon as reasonably practicable and you will be informed in advance of its timing and location. You must take all reasonable steps to attend the appeal meeting. There shall be no right to appeal from the decision of the Appeal Panel. The Appeal Panel will be entitled to reach a different conclusion and impose a different outcome (although not greater) than that imposed after the Capability Meeting.
14. Appeal Panel
The Appeal Panel shall not include anyone involved in the Capability Meeting and may comprise one or more persons. As far as reasonably practicable, the person chairing the Appeal Panel will be someone holding a more senior position than the person chairing the Capability Meeting. You will be informed in writing of the Appeal Panel’s
decision as soon as reasonably practicable.
15. Right to be accompanied
You may be accompanied to the appeal hearing by a colleague or trade union official.
16. Employment status
If an appeal is made against a dismissal decision, that dismissal decision will have immediate effect so that the period of notice began at the date given in the dismissal decision. If having been dismissed you are reinstated on appeal, your continuity of employment will be unaffected.