Manager’s guidance on using the capability procedure

Before the meeting

• Set up a date in writing using appendix 3 requesting a formal meeting to discuss the concerns in greater detail, giving the employee five working days’ notice advising of the right to be represented at the meeting by a colleague or trade union representative
• Book a quiet, private room, where you won't be interrupted 
• Set aside at least an hour so that you have sufficient time to explore the issues
• Obtain advice from the Human Resources Advice and Projects Team, if needed 
• Be familiar with the employee’s job description and job role. If there's no job description this would be an ideal time to prepare one with the employees input

At the initial meeting

• Clearly state the nature of the problem and give specific examples of when issues have arisen and the consequences
• Don't be judgemental or confrontational and remind the employee that they're not being blamed for the problem and you want to resolve the issue
• Ask the employee what they enjoy about the job and what issues they may have
• Ask the employee what they think maybe causing a problem
• Consider any mitigating factors put forward, for example problems in the employee’s personal life
• Restate what is expected in terms of job duties, outputs and targets
• Ask the employee what they feel they can do to achieve an improvement
• Agree specific action points with the employee
• Agree a timescale a timescale for reviewing progress, which should be within two months so that the next stage of the process can be followed if required

After the meeting

• Review the information and decide further action 
• Make a written record of the meeting and write to the employee, setting out your decision, and copy to the trade union if represented
• Arrange training, support, equipment etc. where appropriate
• If you decide to issue a formal warning, schedule a follow up meeting for two months’ time

Subsequent meetings

• Follow the guidance as above
• If at the end of the process the decision is to dismiss then the appropriate procedure should be followed, noting that only delegated officers have the power to dismiss

Record keeping

The list below contains some examples of records that need to be kept, although this is not exhaustive. A manager needs to keep any records that are appropriate to the circumstances:

• Meeting notes
• Copies of letters
• Details of training undertaken
• Evidence of underperformance

The employee should be given copies of all notes, and these should also be copied to the trade union representative if represented. Any meeting notes should be agreed by the employee as a true record of what was discussed and agreed.