Work Capability Policy and Procedures

Introduction

We recognise that during your employment with us your capability or competence to carry out your duties may deteriorate.  This can be for a number of reasons, the most common ones being that either the job changes over a period of time and you fail to keep pace with the changes, or you change (most commonly because of health reasons) and you can no longer cope with the work.

For the avoidance of doubt, the following capability procedures apply on a non-contractual basis.


Addressing Capability Issues

  • If the nature of your job changes, we will make every effort to ensure that you understand the level of performance expected from you and that you receive adequate training and supervision.  If we have concerns regarding your capability these will be discussed in an informal manner and you will be given time to improve.
  • If your standard of performance is still not adequate you will be invited to a formal meeting and may be issued with a verbal warning. Failure to improve and to maintain the performance required could lead to a further warning in writing. 
  • If your standard of performance is still not adequate you will be invited to a subsequent formal meeting and the outcome could be a written warning that a failure to improve and to maintain the performance required could lead to a further final warning.  We will also consider the possibility of a transfer to more suitable work if possible.
  • If there is still no improvement after a reasonable time, you will be issued with a final warning that you will be dismissed unless the required standard of performance is achieved and maintained if we cannot transfer you to more suitable work.
  • If such improvement is not forthcoming after an agreed period of time, you will be dismissed.
  • Every effort will be made in between meetings to set out achievable targets and objectives and you will be fully aware of the level of performance expected of you.
  • We reserve the right to take into account an employee’s length of service and to vary the procedures accordingly. If you have a short amount of service (less than 1 year) you may not be in receipt of any formal warnings before dismissal. However, you will retain the right to a formal disciplinary hearing, the right of representation and the right to appeal.

Personal Circumstances

  • Personal circumstances may arise in the future which do not prevent you from attending for work, but which prevent you from carrying out your normal duties (e.g., a lack of dexterity or general ill health).  If such a situation arises, we will normally need to have details of your medical diagnosis and prognosis so that we have the benefit of expert advice.  Under normal circumstances this can be most easily obtained by asking your own doctor for a medical report.  Your permission is needed before we can obtain such a report and we will expect you to co-operate in this matter should the need arise.  When we have obtained as much information as possible regarding your condition and after consultation with you, a decision will be made about your future employment with us in your current role or, where circumstances permit, in a more suitable role. If you do not give consent for such medical information being provided to us, the Organisation reserves the right to make a decision on your employment based on the information available to us.

 

  • There may also be personal circumstances, which prevent you from attending work, either for a prolonged period(s) or for frequent short absences. Under these circumstances we will need to know when we can expect your attendance record to reach an acceptable level and again this can usually be most easily obtained by asking your own doctor for a medical report.  When we have obtained as much information as possible regarding your condition and after consultation with you, a decision will be made about your future employment with us in your current role or, where circumstances permit, in a more suitable role. If you do not give consent for such medical information being provided to us, the Organisation reserves the right to make a decision on your employment based on the information available to us.