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The following procedure is aimed at providing guidelines for staff facing problems of performance, and who be it as a result of lack of skills, absenteeism or for health reasons, are unable to perform their full range of duties. It is not a disciplinary procedure, but is designed to help employees become effective again.
Capability is defined under section 57(4) of the Employment Protection (Consolidation Act) 1978 as "capability assessed by reference to skills, aptitude, health or any other physical or mental quality".
Where a Manager identifies a problem regarding an employees performance and capability may be an issue, it must first be clear that it meets this legal definition, Personnel will be able to advise on this. Long term absence through ill health should be dealt with under a separate procedure as should conduct i.e. wilful neglect of duties or unreasonable refusal to carry out duties, which would be dealt with under the disciplinary scheme.
Capability procedure
Investigation and Clarification of Problem
Managers will assemble as much information as possible about the shortfall in employee's performance and the effect this is having on the School or Section. In gathering this information Managers should take into account all relevant background information and ensure their investigation is carried out as quickly as possible.
Any deficiency should be brought to the employee's attention as soon as possible, and attempts made to rectify the problem informally.
First Formal Hearing
Where no improvement takes place a formal interview should be arranged by the authorised manager where the employee will have the opportunity to express their case. The employee may be accompanied by a Trade Union Representative or work colleague if so desired. At the meeting the reasons for dissatisfaction will be expressed to the employee in specific terms. The employee will be invited to comment.
Should it be agreed that there is a problem relating to an employees capability, a timescale will be agreed to seek improvement and will take into account the requirement to allow time for medical examinations/suitable adequate training to take place and to monitor attendance or performance as appropriate. Notes will be kept of agreements made.
Second Formal Hearing
If the problem persists and if the employee has not met the action agreed within the timescale, another formal interview will be held. The employee may be accompanied by a Trade Union Representative or work colleague if so desired. The reasons for continued dissatisfaction will be expressed to the employee in specific terms. Notes will be kept throughout the meeting. If improvement has not been substantial, and if the employee's explanation is not accepted the employee will be formally notified of the issues, the timescales and the need for improvement and the employee will be informed that if the required improvements in performance are not achieved further action would result in dismissal.
Termination of Existing Contract
Should improvement not be sufficient to render the employee able to satisfactorily undertake existing work, consideration will be given to the availability of alternative work. If such an alternative is available and seems appropriate, this will be offered on a trial basis.
Where the employee has been aware of the problem and has been unable to improve and dismissal is the only course of action available, the Vice Chancellor or in his/her absence the Deputy Chief Executive will notify the member of staff of that belief in writing. The employee will be suspended on full pay and advised of his right of appeal to the Vice Chancellor within 7 working days from receipt of the letter.
If after the employee had made representation to the Vice Chancellor, the decision to dismiss remains, the decision will be confirmed to the employee in writing.
NB.
If at any time in this procedure, the required improvement in attendance or performance, comes about the employee will be informed at once that his or her capability is no longer in question. Warnings will be removed from the personal file. Should there be any future problems with employee capability he full procedure will be recommenced.
6. CAPABILITY PROCEDURE
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