HR Expert: Help With A Capability Procedure
My client has an employee who is struggling to meet the standards they expect and believes this is an issue with capability. How should they deal with this?

If an employee is failing to meet the required standards at work, then your client should first consider holding an informal meeting with them to discuss this in the hope that they improve their performance on their own accord.

If, after a suitable length of time, the employee does not improve then your client may begin a formal capability procedure. As a first step they should complete an investigation into the employee’s performance, gathering suitable evidence which highlights where they are falling short. This may vary depending on their job role, however it could include evidence of poorly executed work or customer complaints.

Following this, your client should invite the employee to a capability meeting where they can discuss in more detail any key concerns they have regarding the employee’s performance and how this is impacting the business. At the meeting itself your client should try to establish any reasons for the employee’s poor performance as it may be that they are struggling due to a lack of training or an underlying health condition. If this is the case, then your client may want to review their own internal business practices to make sure staff are receiving the right level of support.

After the meeting, your client may decide that a formal warning is appropriate, telling the employee that further formal action will be taken if they do not improve. Ways to help the employee should be agreed on, which could include extra supervision or more training. A time period, after which the warning will be disregarded, should be set.

Your client will need to assess whether the employee has improved sufficiently and met any performance targets that had been agreed. If the employee’s performance gets better then they no longer need to be officially monitored, however if there has not been sufficient improvement then your client may need to take further action. Additional ways to assist the employee should be considered and if the dip in performance is related to a medical condition, a medical report may be needed to help understand the most appropriate support methods. Further formal hearings and warnings as part of a fair capability procedure may be appropriate.

If used correctly, capability procedures can be an effective way to manage employee performance and prevent your client from making dismissal decisions without first addressing any underlying factors and giving staff the opportunity to improve.


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