Formal Capability Hearing – Stage 1

You will receive a letter inviting you to a capability hearing, which will include any supporting information (including your PIP document if you have already been issued with one). Whilst a disciplinary hearing is for conduct issues, a capability hearing is for performance issues and both follow the same formal process and may result in the various stages of Disciplinary sanction. The letter will explain:

• A summary of the performance deficits to ensure that you fully comprehend their nature, extent and seriousness.
• The time, date and venue of the hearing.
• The person who will conduct the hearing, usually a director. 
• You have the right to be accompanied by a work colleague or other representative at the hearing. 
• Reasonable notice of the hearing (usually 24 to 48 hours). 

At the hearing, you will be given the opportunity to explain or justify your performance, ask for witnesses to be interviewed who can support your case, to present mitigating circumstances and to give a full account of what has happened from your perspective.

After the meeting you will be given an updated copy of the PIP, and it may be necessary to issue you with a Disciplinary sanction which could be a first written warning, setting out the areas discussed and the consequences of failing to improve within the review period.  A copy of this warning will be placed on your file.  If the required level of improvement is not obtained in the required timescale, Stage 2 of the procedure will be invoked and may result in a final written warning, or your dismissal.  You will also be advised of your right of appeal to a alternative director.

Your performance and progress against the PIP will be continually assessed.  If the required improvement(s) is achieved and maintained this will be confirmed in writing and the issue will be at an end.  The first written warning will remain ‘live’ for 12 months from the date of issue and if your performance deteriorates again within this period the capability process will restart at Stage 2 (see below).  

If the performance issues are not serious enough to need a formal warning or where there are mitigating circumstances, then monitoring will stop; however, it should be made clear to you monitoring may restart if the problem(s) reappear.