Performance/ Capability Policy

We have developed a policy for handling concerns around performance and an employee's ability to undertake their role (sometimes referred to as a Performance Improvement Plan). 

Many businesses will have their own policy, but this will assist those that don't.

Capability

Purpose

To help employees achieve and maintain high performance standards. 

  • The company will:
    • Set clear standards
    • Monitor performance
  • Provide training and support
  • Confidentiality is maintained throughout.
  • Records of all meetings and discussions must be kept.

 

Statutory Entitlement

  • Employees have the right to representation during any formal capability investigation. 
  • Representatives may be:  
    • A work colleague
    • A union shop steward (if applicable)
    • A full-time union officer (even if the union is not recognised)
  • Representatives can speak and summarize but cannot answer questions on behalf of the employee. 
Procedure

Appeal heard by a more senior manager if possible.

Initial Informal Discussion

  • Manager identifies poor performance and holds an informal meeting. 
  • If standards are found to be unattainable, they may be revised.
  • If issues are personal, counselling/support may be offered. 
  • If performance issues are due to misconduct, the disciplinary procedure is triggered. 
  • If standards have changed, they are explained, and support is offered.

 

Formal Interview

  • Held if no or insufficient improvement is shown.
  • Aims to:
    • Identify causes of poor performance
    • Determine remedial actions (training, support)
    • Explain performance shortfalls
    • Set improvement goals and monitoring system
    • Clarify consequences of not meeting standards
  • Outcome is recorded in writing and shared with the employee.

 

Review Period & Follow-Up Interview

After the agreed review period:

  • If improvement is sufficient: employee is encouraged to maintain it.
  • If partial improvement: review period may be extended.
  • If no improvement:
    • Consideration of alternative roles (possibly at lower pay)
    • If no suitable roles: dismissal may be considered
    • Employee is invited to comment before final decision
    • Dismissal confirmed in writing
Appeal

Employee may appeal in writing within 5 working days of dismissal.

Appeal heard by a more senior manager if possible. 

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