Capability procedure
Capabilityis about an employee's orvolunteer’s abilityto do their job.
Capability procedure
1. INTRODUCTION
Capability is about an employee's or volunteer’s ability to do their job. Usually it is a capability issue if the employee has no control over it. For example, if an employee or volunteer becomes unable to do their job due to an illness or disability, and adjustmentsor support could not help
This procedure aims to:
- Support employees and volunteers in achieving and maintaining the required standards of performance and conduct.
- Provide a fair and transparent process for addressing capability issues.
- Ensure compliance with UK employment law and MS Action’s values.
2. Scope
This procedure applies to al lemployees and volunteers of MSAction. It covers issues related to:
Performance: Failure to meet job requirements or standards.
Conduct: :Behaviour that falls below expected standards.
3. Principles
Fairness: All employees and volunteers will be treated fairly and consistently.
Confidentiality: :Capability matters will be handled confidentially.
Support: Employees and volunteers will be given reasonable support and opportunities to improve.
Rightto Representation: Employees and volunteers have the right to be accompanied by a colleague, trade union representative, or official at any capability meeting.
NoPrejudice: No disciplinary action will be taken until the matter has been fully investigated.
Appeals: :Employees and volunteers have the right to appeal against any disciplinary decision.
Transparency: :Employees and volunteers will be kept informed at every stage of theprocess.
4. Stages of the Capability Procedure
4.1 Informal Stage
Identifyingthe Issue
Ifa capability issue is identified, the line manager will discuss itinformally with the employee. The discussion will focus on:
.. The specific concerns.
. Agreedactions for improvement.
. A reasonable timeframe for improvement.
. Any support or training required.
Follow-Up
Themanager will monitor progress and provide ongoing feedback.
If the issue is resolved, no further action will be taken.
4.2Formal Stage
If the issue is not resolved informally, the formal capability procedure will be initiated
.Invitationto a Formal Meeting
Theemployee orvolunteer willreceive written notice of the formal meeting, including:
. Details of the capability issue.
. Supporting evidence.
. Date, time, and location of the meeting.
. Their right to be accompanied by a colleague or trade union representative.
Formal Meeting
Themeeting will be conducted by a manager or Board member.
The employee or volunteerwill have the opportunity to:
. Respond to the concerns.
. Provide any mitigating circumstances.
. Suggest solutions or support needed.
Outcome
Afterthe meeting, the manager or Board Member will decide on one of thefollowing:
. No action: (if the issue is resolved).
. Improvement Plan: A written plan with clear objectives, support, and a review period.
. FormalWarning: A first written warning if the issue is serious or unresolved.
5. Appeal
The employee or volunteer hast he right to appeal the outcome of the formal meeting
.
The appeal must be submitted in writing within 10 working days, stating the grounds for appeal (for the purposes of this procedure, 10 working days equates to two weeks or 14 calendar days).
An appeal hearing will be arranged, conducted by a Board Member not previously involved.
6. Further Action
If the issue persists afterthe formal stage:
Second Formal Meeting
A second formal meeting will be held, which may result in:
. A final written warning.
. Extension of the improvement plan.
Final Meeting
IIf there is no improvement, a final meeting will be held to consider dismissal,requiring the volunteer to stop volunteering in this (or any) capacity or other appropriate action.
The employee or volunteer wil lbe given written notice of the meeting and their right torepresentation.
7 Dismissal
The employee will receive written notice of dismissal and their right toappeal.
8. Support and Training
. Training or mentoring
. Adjustments to workload or responsibilities (where appropriate).
. Access to counselling or other support services.
.
9. Record-Keeping
10. Review
Experience the transformative power of MS Action
Enriching lives, one therapy at a time. Join us on your journey to well-being!
