The Students’ Union accepts that there may be situations where an employee cannot achieve the standards required from them in their job. Every effort will be made to understand any causes for this and find remedies that will enable them to achieve the required standards.
The capability procedure applies where either your skills or abilities are not sufficient to fulfil your job to the required standard. A fair procedure will be followed to ensure you are given feedback on your performance and an opportunity to improve. At each stage of the procedure, you may be accompanied by a work colleague or trade union representative.
A supportive and positive approach will be adopted throughout and, as far as is reasonably practicable, every attempt will be made to provide appropriate training, knowledge and supervision to achieve the accepted standards of performance.
In cases where it is considered that your performance, conduct or behaviour is unacceptable and falls outside the scope of this procedure, it may be appropriate to consider the Disciplinary Procedure instead. If this is the case, it will be made clear to you.
Depending on the nature, cause and seriousness of the situation this procedure can be commenced at any stage. The timescale allowed for improvement may vary and will be determined by taking into account the reason for the incapability and the impact on the business’s operations.
Stages of the Procedure
Stage 1: Informal discussion
Where there are minor issues, such as small but repeated errors in work, an informal discussion about the causes and possible solutions will often result in an improvement. The discussion should bring to your attention the aspects of the job in which you are not performing satisfactorily and it is hoped that, in the majority of cases, this will be sufficient action. Appropriate arrangements will be put in place to train, support and assist you and to supervise and monitor your performance.
Stage 2: Formal procedure
Where there are significant issues, or there is no improvement following informal discussions, a formal meeting will be held. You will be advised in advance of the date, time and reason for the meeting, including any evidence or examples of unsatisfactory performance that will be discussed.
At the meeting to discuss performance, the areas of concern will be clearly stated, with examples, and you will be given the opportunity to express your point of view. If you fail to give a satisfactory explanation, the following action will be taken: ?
- A performance improvement plan will be drawn up and agreed; with a timescale for improvement and a date set for review;
- Your performance will be closely monitored during the review period; ?
- The meeting will be documented and a formal record placed on file. ?
- A formal written warning may be issued
Stage 3: Formal Procedure
At the end of the review period a further formal meeting will be held to confirm either that improvement has been achieved and sustained, or that there is insufficient progress. If progress has been made and the required standard has been achieved, the matter is then closed.
If there is insufficient improvement a further discussion will take place to agree a further performance improvement plan and you will be given a further period to improve. The previous warning may be reiterated or a final warning issued. The final warning will inform you that your continued employment may be at risk if satisfactory performance is not achieved or sustained. The meeting will be documented and a record placed on file.
Stage 4: Formal Procedure
At the end of the further review period, performance will be reviewed again and a formal meeting will be held.
If progress has been made to the required standard the matter is then closed. It will be expected that the improvement in performance will be sustained. Any deterioration in the standard of performance may reactivate this procedure at the stage where it was closed, or at a more advanced stage of the procedure.
In circumstances where the capability procedure has been exhausted and you have failed to achieve the desired standards of performance it may be appropriate to consider alternatives to dismissal which could involve, for example, demotion and/or transfer to another premises, department or location on a temporary or permanent basis, with any consequent reduction in pay, status or benefits. If, however, this is not appropriate, you may be dismissed.
If the Union is considering dismissal or the above alternatives to dismissal, you will be given a written statement prior to the formal meeting, setting out the reasons for the proposed course of action. The issues will be fully discussed at the meeting and you will be informed in writing of the outcome.
Right of Appeal
You have the right to appeal against any capability decision within five working days. A senior member of staff and/or trustee who have not been involved in investigations up to that point will carry out the appeal. This may require the involvement of University staff or a senior staff member from another Union. You will be informed in writing of the date of any appeal and you will be entitled to bring a colleague or a trade union representative with you to the appeal hearing. The matter may be decided at the hearing or adjourned for further investigation or for further consideration. You will be informed of the outcome of any appeal hearing, in writing, as soon as possible and the resulting decision is final.