This Capability & Performance – Policy & Procedure sets out a procedure for managing capability and performance issues in the workplace.
This comprehensive Capability & Performance – Policy & Procedure complies with the Acas Code of Practice on Disciplinary and Grievance Procedures, it is suitable for a large or medium-sized employer to use when dealing with cases of poor performance.
The Acas Code of Practice on Disciplinary and Grievance Procedures is a statutory code containing recommendations for the handling of disciplinary situations at work. According to the Acas Code, disciplinary situations include poor performance issues. Failure to follow the Acas Code does not of itself give rise to a breach of an employee's legal rights, but it must be taken into account by a tribunal where relevant. It is therefore advisable for an employer to put in place a capability procedure that complies with the Acas Code.
Whilst minor performance issues are usually best dealt with informally, the Acas Code recommends giving at least two warnings before dismissing for poor performance (unless it amounts to gross misconduct) and a failure to do so is likely to render a dismissal unfair.
Poor performance may sometimes be caused or exacerbated by a disability. Where this is the case, employers should take care to avoid discrimination arising from the disability.
In order to dismiss fairly on capability grounds, the employer must have reasonable grounds for its belief that the employee is incapable. Therefore employers should carry out an assessment or investigation of some kind, provide the employee with the findings of that investigation, and allow them the opportunity to respond at a hearing.
The Acas Code requires that, if there is sufficient evidence to start a formal procedure, the employee should be notified in writing of the alleged poor performance and its possible consequences to enable them to respond at a hearing. The Code also recommends that employees should be given at least one chance to improve (for example, a written warning) before being given a final written warning, unless the matter is serious enough to warrant a final written warning. Dismissal without any prior warnings would only be appropriate where the employee's failings were serious enough to amount to gross misconduct.
The Capability & Performance – Policy & Procedure contains the following clauses:
Assessment of Capability & Performance
Right of Appeal
This Capability & Performance – Policy & Procedure is in Microsoft Word format, written in plain English, easy to use and edit.