HRPOL29 Capability and Performance Policy GROUP WIDE V8 by Provide Community

Performance and Capability

Policy & Procedure

Version: V8

Ratified by: People & Culture Steering Group

Date ratified: 18/02/2025

Job Title of author: Director, People Partnering

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: Director, People Partnering

Policy Statement

The Provide Group is committed to providing an excellent standard of patient care and to enable employees to deliver this. We believe that the potential of all employees should be maximised by recognising, developing and improving their skills and capabilities. We provide effective management support, trainings, encouragement guidance required to improve work performance in the delivery of their role safely and effectively.

Provide is committed to employees continued professional development. Employee overall performance will normally be formally reviewed each year by Provide with a view to giving the employee an opportunity to discuss all the relevant aspects of their progress, development and career aspirations.

The Performance Development Review (PDR) and supervision meetings may not always succeed in achieving the required level of performance improvement and in such situations a formal Performance and/or Capability procedure is required.

1. Scope

1.1 The Performance & Capability Policy and Procedure applies to all employees of the Provide Group with the exception of:

• employees who are within their probationary period of service (refer to the Probationary Procedure), and

• Medical and Dental Staff, (see HRPOL55 Policy for Handling concerns about the conduct and performance of medical and dental employees).

1.2 The purpose of the procedure is to provide a framework within which managers can work with employees to deal with concerns over performance fairly, steps are taken to establish the facts, maintain satisfactory performance standards and to encourage improvement where necessary.

1.3 This procedure does not apply to cases involving sickness absence, proposed redundancies or misconduct. In those cases, reference should be made to the appropriate policy or procedure.

1.4 The Performance & Capability policy may apply in cases of issues of capability related to ill health where such issues impact on performance (as opposed to attendance)

1.5 This procedure does not form part of any colleague’s contract of employment, and it may be amended at any time. We may also depart from and/or vary this procedure, including any time limits, as considered appropriate on a case-by-case basis

2. Definitions

2.1 Capability - is defined in S.98 (3) of the Employment Rights Act 1996 as “capability assessed by reference to skill, aptitude, health or any other physical or mental quality” The Act states that “capability must relate to the work of the kind that the employee

was employed by the employer to do”. This must be determined in accordance with the employee’s current contract of employment, job description and person specification.

2.2 Performance - is measured against reasonable expectations commensurate with the post, banding and experience of the post holder as outlined in the job description and person specification for the role.

A distinction should be drawn between a genuine lack of capability and conduct issues (Appendix 3). In circumstances where there are both wilful misconduct issues and/or a neglect of duty then the disciplinary procedure will apply.

2.3 Improvement Note or Capability warning

An improvement note or Capability Warning is a formal warning to advise an employee that their level of performance is unacceptable and that a failure to improve could ultimately result in their dismissal. This warning may only be issued following a formal capability meeting.

2.3.1 A line manager has the authority to issue a maximum of twoCapability Warnings under this policy in any rolling 12-month period, following adequate review periods.

• First written warning

• Final written warning.

2.3.2 The warning specifies the performance problem, the improvements and standards required, the timescale for achieving this, details of any additional support, supervision or training to be given and the frequency of review meetings to be held during the improvement period set.

2.3.3 The “improvement note” will remain ‘active’ for a minimum of 12 months, during which the required standards, once reached, should be maintained.

2.3.4 In exceptional circumstances (e.g. safeguarding issues, or where the capability issue(s) could cause significant clinical or patient risk, financial risk, or detriment or significant risk to the organisation), managers have the ability to progress directly to Stage 3 of this procedure. In these cases, advice should be sought from a member of the People Partnering Team

2.4 Review period

This is a period over which an employee’s performance will be monitored and at the end of which a review of performance will take place. The formal review meeting should be an opportunity to look back at the evidence collected through the monitoring period and decide on an appropriate way forward.

2.4.1 The employee is expected to work towards the objectives for improvement agreed in the formal meeting. The manager is expected to ensure that any support agreed is provided to the employee and that all monitoring meetings take place.

2.4.2 The monitoring period is usually within 4-8 weeks, depending on the nature of the post and the duration and availability of any training required.

2.4.3 The manager is required to agree and provide reasonable support e.g. training. The procedure may not move forward until this has been provided and a reasonable time has elapsed in order for the employee to show improvement.

2.4.4 Regular meetings should be held and clear evidence of progress towards the objectives should be recorded. If there has been an improvement in performance against the standards set in the action plan, then there are two possible courses of action:

▪ the employee will either be sent a letter confirming no further action will be taken, and their manager will continue to monitor their performance, or

▪ if there have been some, but insufficient improvements then the employee may be asked to attend a Formal Capability meeting.

3. Roles and responsibilities

In applying this procedure:

3.1 Line managers are expected to:

• Ensure that all employees are aware of the performance standards expected from them and the consequences of failing to meet these standards including the possible impact on pay progression and eligibility to receive the Discretionary Payment Plan award

• Address performance issues informally within one to ones / supervision meetings in the first instance and these should be recorded and monitored

• Discuss and seek advice from their People Partner at all stages of the procedure as well as if an employee is known to have a disability or discloses a disability during discussions with management

• Where required, specialist advice should be sought from the Occupational Health Department and consider adjourning a meeting pending the occupational health assessment

• Keep an adequate and accurate record of all meetings within this procedure

• Consider the support required for employees to reach the desired performance standards.

• Ensure there are sound and demonstrable reasons to progress through the stages outlined within this procedure.

To forward a copy of the letter at each stage of the process to the People Partnering Team at provide.peoplepartnering@nhs.net to be placed on the employee’s file.

3.2. Employees are expected to:

• Have a recognition of the performance standards required from them in order to fulfil their role to ensure the needs of the service are met

• Reflect on their own performance, whether these are related to work, personal circumstances or domestic issues and work with their manager in seeking resolution and to raise their performance standards

• Identify any support (training and development needs) they require in order to meet the required performance standards, attend any training required and ensure it is kept up to date

• Identify whether they have a protected characteristic (e.g. a disability) which impacts on their performance

• Take all reasonable steps to attend meetings or hearing with management to discuss their performance Failure to attend a hearing without good reason may be treated as misconduct.

• Achieve the agreed targets within set timescales

• Within 10 calendar days of the meeting with their line manager if they feel the outcome letter does not accurately reflect the discussion, write to their manager, stating their understanding.

3.3 People Partnering Team

A member of the People Partnering Team may attend formal stage meetings.

In conjunction with the Occupational Health report, advise on reasonable adjustments in supporting employee with a disability under the Equality Act 2010. All potential reasonable adjustments should be considered such as seeking advice from external organisation where necessary, adjustments to the existing job role; or whether suitable alternative employment should be considered and if so, any restrictions as to the type of role or adjustments which would be required to be made to the role in order to ensure suitability.

4. Issues of concern identified after completion of the probation period

Where issues of performance/capability arise immediately after an employee has passed their probationary period and confirmed to post, it is essential to deal with issues of performance or conduct informally in the first instance (see the Informal Capability Stage)

It is essential that the manager applies the principles outlined in this policy and advises the employee of management concerns. Employees must be given an opportunity to improve their performance by developing a Performance Improvement Plan and identifying other support mechanisms.

5. Performance and Capability / Disciplinary Policies

In circumstances where an employee is subject to the application of both the Performance and Capability and the Disciplinary Policies and Procedures, warnings given in accordance with the company’s Disciplinary Policy and Procedure that are still current may also be considered when deciding on appropriate action in accordance with the company’s Performance and Capability Policy and Procedure and vice versa.

6. Referral to Professional Body

• If the employee is a member of a statutory professional body e.g. a qualified nurse; and they are found to have underperformed in their role a referral to the professional body may be made.

• If an incident of serious/gross incompetence has been found and the employee is dismissed, a referral to the professional body will be made.

• This should be discussed with the appropriate Professional Lead for Provide to ensure that the relevant professional body is consulted and/or notified appropriately and in accordance with the professional body’s code of ethics/conduct.

• The employee will be informed of this and any subsequent action. This would be following Human Resources advice and a review meeting to advise the employee of this.

7. Withholding Pay Increments/Discretionary Payment Plan

7.1 Provide Group reserves the right to withhold incremental progression of salary for an employee (where appropriate) when they are in the formal stages of this policy

7.2 Where the employee does not meet performance expectations their increment will be put on hold until performance has met the required expectations.

7.3 The line manager must communicate to the employee that discussions held under the formal stages of this policy will result in the employee not being eligible to receive a Discretionary Payment Plan (please refer to the Scheme rules on the Community platform).

8. Procedure for managing an employee’s capability / performance

8.1 The stages are outlined briefly below:

• Informal Stage

• Formal Stage One

• Formal Stage Two

• Formal Stage Three - Hearing

• Appeal Hearing.

See Appendix 1 for the Performance/Capability Process Flowchart as a quick reference However please also see paragraph 1.5.

8.2 Discontinuing the formal capability process

The manager must ensure that robust performance management systems remain in place to monitor the level of performance.

If performance subsequently drops below the minimum standards required once the process has ended and should a live Capability Warning be in place, it may be appropriate to recommence the process at the next stage of the procedure.

In cases where the performance/capability issue(s) could cause significant clinical or patient risk, financial risk, or detriment or significant risk to the organisation, the timescales for improvement may be reduced.

If subsequent performance/capabilities issues arise which are different to those originally identified, the line manager should contact a member of the People Partnering Team for advice

8.3 Right to be accompanied

The employee is entitled to be accompanied by a trade union representative or a work colleague at meetings held under the formal stages of this procedure.

If the employee or their representative cannot attend at the time specified, they should inform their manager immediately and management will seek to agree an alternative time.

8.4 Informal Stage

8 4 1 Where poor performance is identified, early intervention is encouraged, enabling a supportive approach to be taken as part of supervision meetings, ideally at an informal level in the first instance. It is important to recognise that many issues of capability can be and should be resolved without recourse to the formal capability procedure.

8 4.2 The standards required should be clarified, targets set and appropriate training/support should be agreed and implemented to assist the employee to reach the required standards

8 4 3 This should be a positive and constructive discussion to provide the employee with an opportunity to express their opinion and for the manager to consider external factors, which may be contributing to the poor performance.

8.4.4 The manager must communicate to the employee that they are within the Informal Stage of this policy and record this within the one to one / supervision meetings. A date to review progress will be set within 4-8 weeks. Progress will continue to be monitored through regular one to one/supervision meetings.

8.4.5 Where the desired performance standards have been met, the employee will be placed in a 12-month monitoring period during which the performance/standards should be maintained Should performance/standards not be maintained or further performance issues need to be raised within this monitoring period, the manager will invoke Formal Stage One.

8.5 Formal Stage One

8 5.1 The employee will be asked to attend a formal capability meeting by their line manager or another appropriate manager at least 7 Calendar days (excluding bank holidays) notice will be given. This will be confirmed in writing to the employee.

8 5.2 The objectives of this meeting will be to:

• Explain clearly the gap between the employee’s performance and the required standard

• Identify the causes of the poor performance and if these can be addressed by providing training/support to the employee to achieve the necessary performance improvement. This support may include retraining, further training, coaching, mentoring, closer supervision and support.

• Set a reasonable period for the employee to achieve the required performance standards and agree a monitoring system during that period (a reasonable time period would normally be no longer than 4 – 8 weeks). A date for a review meeting at the end of this period should be set at this stage.

• Explain that, if there is any further deterioration in performance, or sufficient cause for additional serious concerns during the agreed review period, the manager can initiate the next stage (Formal Stage Two) at any time. This would be following a review meeting to advise the employee of this.

• Inform the employee that a letter (Capability Warning) detailing the gap in performance and actions agreed will be issued. This letter is equivalent to a first written warning and will remain ‘active’ for a minimum of twelve months, during which the required standards, once reached, should be maintained.

8 5 3 Following the Formal Stage One meeting, an improvement notice (Capability Warning) will be sent to the employee within 7 Calendar days (excluding bank holidays) of the meeting, enclosing a copy of the action plan, setting out the following:

• The agreed areas requiring improvement in performance; the timescales; the actions in providing support. This detail should be transferred into an action plan which is continually reviewed at appropriate stages

• That redeployment or transfer (temporary or otherwise) to an alternative role can be considered at any time during the process if there are risks being presented due to the employee’s inability to perform satisfactorily in the role.

• That, if there is a further deterioration in performance, or sufficient cause for additional serious concerns during the current review period, the manager can initiate the next stage (Formal Stage Two) at any time. This would be following a review meeting to advise the employee of this.

• Advise the employee that failure to achieve the required standards within the agreed timescales could ultimately lead to consideration as to whether their employment should be terminated.

8 6

Formal Stage One (Review Meeting)

8 6 1 Following the Formal Stage One meeting, and the agreed timescale to review performance, a review meeting will be held

8 6 2 The objectives of this meeting will be to review the actions identified previously to support the employee to enable them to improve their performance and consider:

• If the desired standards have been achieved, a letter confirming that there will be no further action

Failure to sustain the desired performance standards during the following 12 months will result in progressing to the next stage (Formal Stage Two) of this procedure. The outcome of the meeting will be confirmed by the

manager in writing within 7 Calendar days (excluding bank holidays) of the meeting.

• If by the end of the review period, the employee is not meeting the required standards the manager can initiate the next stage of the procedure.

The Formal Stage Two meeting may be carried out immediately following the Formal Stage One (Review Meeting), to avoid unnecessary delay.

• Where the desired standards have not been achieved and there are extenuating circumstances beyond the control of the employee, the manager has discretion to continue with a further review period.

The manager should also consider whether to continue with the support already in place or if there are any additional actions that might be helpful, including redeployment.

8.7 Formal Stage Two

8 7.1 The employee will be asked to attend a formal meeting by their line manager or another appropriate manager

8 7.2 The procedure and format of the meeting will be as Formal Stage One with the support measures previously identified being reviewed and discussed as to whether they should continue or if additional support measures might be helpful.

The meeting should also cover the following points:

• If there is any further deterioration in performance, or sufficient cause for additional serious concerns during the agreed review period, the manager can initiate the next stage (Formal Stage Three) at any time.

• Inform the employee that a letter (Second Improvement Note/Capability Warning) detailing the gap in performance and actions agreed will be issued

• This letter is equivalent to a final written warning and will remain ‘active’ for a minimum of twelve months, during which the required standards, once reached, should be maintained.

• Inform the employee of the implications of failing to meet the required performance standards, within the agreed timeframe or earlier, and that the review meeting can be brought forward accordingly, see above.

8.8 Formal Stage Two (Review Meeting)

8 8 1 Following the Formal Stage Two meeting, a review meeting will be held The format of the review meeting will also be as detailed in Formal Stage One

• A letter confirming the outcome of the meeting must be shared with the employee

• Where the desired standards have not been achieved and there are extenuating circumstances beyond the control of the employee, the manager has discretion to continue with a further review period.

The manager should also consider whether to continue with the support already in place or if there are any additional actions that might be helpful, including redeployment.

• If by the end of the review period the employee is not meeting the required standards or failed to sustain the desired performance standards during the following 12 months, the manager can initiate the final stage of the procedure (Formal Stage Three – Hearing).

The manager will complete a management report detailing the nature of the capability concerns together with documentary evidence which will be presented in the hearing.

8.9 Formal Stage Three (Hearing)

8 9.1 The employee will be asked to attend a Formal Stage Three Hearing

The panel will consist of the employing department’s Director of Operations or a other nominated Senior Manager who will chair the Hearing, accompanied by a representative from the People Partnering Team

The Chair has discretion to call on technical or specialist officers to advise the panel, or to invite other managers to form part of the panel.

8.9.2 The purpose of this Hearing is to:

• Review all the assistance and support that has been offered to the employee to secure improvements in performance, including any suitable alternative employment opportunities.

• Allow the employee to respond to the issues raised and to offer any further explanation.

• Consider whether the employee’s employment should be terminated on the grounds of capability.

8.10 Procedure for the Formal Stage Three (Hearing)

8 10 1 Where it has been decided to proceed to a formal Capability Hearing the employee will be advised in writing, giving at least 14 Calendar days (excluding bank holidays) written notice. Shorter notice of the hearing may be mutually agreed.

8 10 2 In exceptional circumstances, a deferment where further time is required to prepare for a hearing will not be unreasonably refused, but such a deferment will not normally exceed 7 Calendar days (excluding bank holidays).

8 10 3 Whenever possible, the letter should be hand delivered to the employee, where this is not possible (e.g. employee is not at work), the letter should be sent to the home address by recorded delivery or electronically

9. Procedure for the Formal Stage Three Hearing

9.1 Provide has a guide for how to conduct the hearing (see Appendix 2)

However, the Chair of the Panel has the discretion to vary this to ensure fairness in the proceedings.

10. Outcome

10.1 The panel, depending on the circumstances of the case, will decide on one of the following actions:

• Desired performance standards have been achieved and there is no further action

• Give a further period of review specifying the required levels of performance improvement, timescales and supporting actions, followed by a final review meeting

If the performance remains unsatisfactory after this period, the hearing will be reconvened. (The employee should be advised that where there is a single error and the action or potential consequences of that error are, or could be extremely serious, there will be no further warnings, and this could result in the termination of the employee’s contract)

• Terminate the employee’s employment on the grounds of capability with contractual notice.

If the panel has decided that the individual should not remain in their post, during their notice period it is likely the individual will be asked to carry out alternative duties. In addition, during the notice period the employee may be offered and accept alternative employment.

• At this stage, consideration may also be given to alternative options such as voluntary redeployment into an alternative or lower banded post (pay protection will not apply). This should be discussed with a member of the People Partnering Team.

10.2 The Chair of the Panel presents the decision and should be confirmed in writing by no later than 7 Calendar days (excluding bank holidays) after the end of the hearing.

It should be noted that if the Chair wishes to take further time to consider the outcome, the decision may be given in writing, or the hearing may be reconvened.

11. Right of Appeal

11.1 In cases of termination of employment the employee will be notified of a right of appeal (see Section 10 of HRPOL14 Disciplinary Policy & Procedure).

Such appeals will need to be submitted in writing, to the nominated Senior Manager within 14 Calendar days (excluding bank holidays) of the date of receipt of the notice letter, stating their grounds for the appeal.

12. Concerns raised during the Capability/ Performance Process

12.1 If the employee raises a grievance or makes a complaint in accordance with the Dignity at Work Policy about the application of the procedure or another related matter, the manager and their People Partner representative should consider whether the capability procedure should be suspended whilst the complaint is investigated.

13. Monitoring

13.1 This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents and more frequently in line with any legislative changes.

EQUALITY IMPACT ASSESSMENTS: Framework and outline briefing notes

Attached is a framework, customised to Provide and some short advisory notes on an approach on carrying out Equality Impact Assessments (EIAs) at Provide.

Briefings are being arranged to explore undertaking such assessments in practice, using ‘live’ and relevant case studies.

EQUALITY IMPACT ASSESSMENT TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Capability and Performance Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the policy and procedure for handling performance/capability matters across the Provide Group.

Project/Policy Manager: Director, People Partnering Date: October 2024

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why?

Or is it clear at this stage that it will be equality “neutral”?

Neutral, People data is not highlighting that more colleagues from minority/underrepresented groups are subject to performance/capability management, however we will continue to monitor.

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.

Positive, the policy & procedure enables a consistent approach by managers across the Provide Group.

Guidelines: Things to consider

• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this –e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that datagathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.

APPENDIX 1- Performance/Capability Process Flowchart

Informal Stage

Action plan set with target of 4-8 weeks to see improvement. Required improvement achieved by target date?

No - Employee asked to attend Formal Capability Stage One meeting (7 Calendar days’ notice)

Formal Stage One Meeting

Improvement note confirming warning issued, remains on file for 12 months. Action plan set with target of 4-8 weeks to see improvement.

Formal Stage One Review Meeting Progress against action plan reviewed. Required improvement achieved by target date?

No - Employee asked to attend Formal Capability Stage Two meeting (7 Calendar days’ notice)

Yes - Manager continues to monitor performance during regular one to one meetings

Standards/performance not maintained in 12 month monitoring period.

Formal Stage Three Hearing (See process flowchart for capability hearing Appendix 2) If serious concerns, or further deterioration, manager can initiate next stage or Stage 3 at any time.

Yes - Letter confirming no further action sent. Manager continues to monitor performance during regular one to one meetings

Formal Stage Two Meeting

Action plan set with target of 4-8 weeks to see improvement. Improvement note confirming warning issued, remains on file for 12 months.

Formal Stage Two Review Meeting Progress against action plan reviewed. Required improvement achieved by target date?

If serious concerns, or further deterioration, manager can initiate next stage at any time. Right of Appeal

- Employee asked to attend Formal Capability Stage Three meeting (14 Calendar days’ notice)

Yes - Letter confirming no further action sent. Manager continues to monitor performance during regular one to one meetings

APPENDIX 2 - MODEL PROCESS FOR HEARING (FORMAL STAGE

THREE)

APPENDIX 3 Understanding the difference between capability and conduct

Capability (‘can’t’)

Either:

The person is trying, but is not achieving

They have received relevant training, but they do not appear to have acquired the necessary skills

They ADMIT that they are not achieving the required standards

They cannot obtain relevant qualifications

They do not seem able to get there

Low output of work

Conduct (‘won’t’)

Or:

The person does not make enough effort

They are not applying skills they have

They do not agree on the problem identified

They are not interested in obtaining relevant qualifications

They are not willing to get there

They do not seem interested in improving

To determine whether there is a capability issue and that the matter should be dealt with under this policy, the following questions should be considered:

• What are the indications that the employee is not meeting the require standards for the job?

• Are there factual grounds to indicate inadequate performance such as meeting objective or failure to deliver the requirements of the job?

SOME INDICATORS OF PERFORMANCE ISSUES:

• Complaints about, or criticism of, the employee’s work from colleagues, patients or visitors

• There may be factual grounds to indicate unsatisfactory performance may give rise to concerns

• The employee requesting help to overcome a problem

POSSIBLE CAUSES OF UNSATISFACTORY PERFORMANCE

In the event that problems are being experienced with an employee's performance, it is important for the manager to try to identify the root cause of the problem and deal with it accordingly.

Managers should, however, refrain from assuming automatically that such performance problems are due to the employee's lack of effort or carelessness as there are many other possible causes of poor performance.

These could be a combination of more than one of the factors below:

• Inadequate or insufficient training

• Inappropriate or ineffective recruitment and selection processes

• Poor systems of work, out-of-date policies or inadequate procedures that do not permit efficient or effective work

• Poor quality or inadequate supervision and/or support

• Lack of understanding on the employee's part about his or her job duties, priorities or goals, which may arise because no one has properly explained these issues or given the employee feedback

• Unclear instructions

• Work overload, causing stress and fatigue

• Unrealistic targets or deadlines that are virtually impossible for the employee to achieve

• Poor working relationships causing the employee worry, upset or stress

• Bullying or harassment

• Organisational change

• Physical or mental ill health, for example where the employee's state of health, or medication taken to deal with it, is causing tiredness

• Personal problems that would inevitably affect the employee's concentration

NON-ENGAGEMENT IN THE PROCESS

The Performance/Capability Process should be a supportive two-way process, aimed at supporting the employee to develop and improve to attain the required standards of performance. However, if the employee is repeatedly unable or unwilling to attend meetings then due consideration of all of the facts in relation to this matter should be considered. These should include:

- Normal processes for failing to attend meetings.

- The seriousness of the issue being considered.

- The employee’s general work record, work experience, position and length of service.

- Medical opinion on whether the employee is fit to attend.

On the basis of these considerations, continued failure by the employee to accept the issues raised and to fully engage in the Capability process may also result in the matter being considered as a conduct issue and progressed through the Disciplinary Policy and Procedure. Manager should seek consult with their People Partner

DISABILITY OR UNLYING HEALTH CONDITION

At each stage, consideration should be given to whether the unsatisfactory performance may be related to a disability or underlying health condition and if so, whether there are reasonable adjustments that could considered to the job or other aspects of the working arrangements. If the employee has difficulty at any stage of the procedure because of a disability or underlying health condition or wishes to inform their line manager of any medical conditions they consider relevant, they should do so.