Whilst the Disciplinary Procedure is used for instances of misconduct e.g. failure or refusal to follow Company procedures, failure to fulfil job tasks, or other misbehaviour, the Company may use this Capability Procedure if the employee is unable to fulfil the requirements of their job role.
The procedure that will be followed is the broadly similar as for disciplinary matters, however at each stage efforts will be made to understand the problem(s) being experienced and the reasons for them.
At each stage of the procedure, time will be given to enable the employee to achieve the necessary standard. If the standard required is not reached and alternatives are unsuitable or exhausted, then dismissal may follow.
Written records are to be kept; contemporaneous where possible.
The Policy does not apply to:
• redundancy dismissals.
• the non-renewal of fixed term contracts on their expiry.
• Employees with less than two years’ service however they will be given the opportunity to explain their actions and/or omissions before the Company makes any decisions.
• Agency Workers.
• Contractors.
• Volunteers.
Initial interview
The Line Manager is to interview the weak performer and explain the issues. The interview should include:
• Details of the performance issues identified
• Discussion on the corrective action required and the standard to be achieved
• Possible actions that could be considered in an effort to remedy the problem. For instance:
• additional training in the areas of shortfall
• coaching, counselling, extra supervision
• removing those tasks which are a problem and replacing them with other suitable tasks
• a date by when the improvements are to be made
• the consequences of a failure to meet the required standard (for instance a person on probation or within their first 2 years could be warned about the risk of being dismissed.
The meeting should be documented and copy of the record placed on the individual’s personnel file.
The meeting is to be followed up by a formal letter to the employee summarising the meeting and include a Personal Improvement Plan (PIP). Typical headings for a PIP are:
• clearly and objectively set out where the employee is failing;
• set out the improvement expected of the employee using measurable objectives;
• state whether any support or training will be provided;
• provide for the timescales and frequency of reviews; and
• make clear what sanctions there will be if the employee fails to improve. Where the sanction is possible termination, the PIP must include the fact that they will have the right to be accompanied by a fellow employee or accredited and qualified Trade Union representative at the next meeting
Intermediate interviews
One or more intermediate interviews are to be held where the employee has more than 2 years’ service. They should also be considered for those who have less than 2 years’ service (but have completed their probationary period) where they have shown signs of improvement following the issue of the previous PIP.
The process follows that of the initial interview except that the PIP must include a warning about the possibility of dismissal if the desired outcome is not achieved and inform the employee that they have the right at the next meeting to be accompanied by a fellow employee or accredited and qualified Trade Union representative.
A revised PIP must be issued.
Final interview
The final interview will be held where the individual has achieved the required standard or the expected outcome is dismissal. If the standard has been achieved the employee should be thanked but also reminded that the difficulties have been recorded and that should any further capability issues arise this may be used in any new consideration. The meeting and its outcome should be confirmed in writing.
Where the outcome is expected to be dismissal, the Line Manger:
• Must ensure that the individual is aware of the employee’s right to be accompanied and has been given sufficient time to find a Companion.
• At the interview:
• Confirm the employee understood their right to be accompanied where there is no Companion.
• Detail the reasons why the Company is considering dismissal
• Seek out any mitigating factors.
• Explain that a decision will be made promptly once all factors have been give due consideration.
• After the meeting the Line Manager should make a final determination and:
• Prepare a suitable letter explaining the reasoning of the decision.
• Arrange a meeting to explain the decision and hand over the confirmatory letter.
If the decision is dismissal, the letter must contain:
• The reasoning behind the dismissal in sufficient detail to enable an appeal to be prepared
• Information on how to make an appeal
• The last day of employment
• Details of outstanding pay due or to be deducted (especially holidays).
• Expected date of final payment
• An explanation that an appeal will not alter the final day of employment however should the appeal result in re-instatement, all pay will be made as if no dismissal had occurred.
This policy was approved on 17th June 2024.
Review date: May 2025.
If you have any questions about this policy, please contact us:
Or you can contact us about our Policy here:
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Our registered office is:
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