Capability Procedure

There are times when poor or unsatisfactory job performance is not part of the disciplinary process and is tied to capability and ability rather than conduct. As a result, our Capability procedure is there to help deal with those circumstances whereby a satisfactory standard of performance is not being achieved and the initial cause is outside of your control – e.g. lack of skill, knowledge or ability, health and/or the changing nature of the job. This procedure will be used where there is a genuine lack of capability rather than a deliberate failure on your part to perform to the required standard. There will be situations where these factors overlap yet it is still appropriate to follow this capability procedure. 

The aim of the capability process is to help you achieve the required levels of capability; however, if this is not possible, then it could result in the end of your employment (with notice). As each situation and set of circumstances are different, this will be taken into consideration, which does mean we may start the process at a different stage if needs be. This could mean we skip stages, for example go straight to the first capability hearing without having gone through the informal stage first. 

Lack of capability is defined as:

‘Where a member of staff is failing in a significant or persistent way to carry out their responsibilities or duties in a satisfactory manner, either due to a lack of ability, inadequate training or lack of experience.’

Poor performance is usually highlighted through 1-2-1’s, feedback or customer complaints. The process here gives different ways to help improve performance and ensure there is:

• A way to monitor performance, agreeing what “good” looks like and establishing performance criteria. 
• A degree of consistency in how staff with widely differing responsibilities and duties are given opportunities to attain satisfactory levels of performance. 
• Assistance in identifying the most appropriate form(s) of support and providing that support. 

If performance doesn’t improve, then any action will be based on: 

• Adequate evidence that you are incapable of performing your duties satisfactorily. 
• A fair procedure. 
• The fact that you were given all reasonable assistance to overcome such failings.

Ultimately, if your performance does not improve and meet the required standards, then your employment could be brought to an end because of lack of capability in the role.