Second Capability Hearing

If poor performance continues, the process outlined above will be repeated, unless there are significant basic failings that cause you to be incapable of making the required performance improvements.  In these cases, we reserve the right to move immediately to the 3^rd capability hearing/disciplinary hearing. The timescale for improvement will depend on the nature of your duties and responsibilities and the seriousness of the complaint(s).

If the conclusion of the second hearing is that performance has not sufficiently improved and that there is still evidence of incapability despite support and prior warnings, a final warning should be issued.  You may also at this stage be invited to a Disciplinary Hearing/3^rd Capability Hearing in advance of making the required improvements. Should improvements be forthcoming, we may not apply any further disciplinary sanctions at the Hearing, but the PIP may continue to be enforced.

The letter confirming the decision as well as covering the points made set out in Stage 1 above, should clearly state that if an improvement is not forthcoming, we will convene a final meeting at which we will consider terminating your contract on the grounds of capability.