ࡱ> a IAbjbj 4jAbAb(8 : : 8TVTm(6m8m8m8m8m8m8m$aor\mi@\mqm ! ! !j6m !6m ! !f&gpjpP`iD"mm0mir,rjrj !\m\m!mr: B |: queens university belfast ___________________________________ Capability Procedure (For Staff Grades 1-5) ________________________________ 1. Principles 1.1 Whilst the Universitys recruitment and selection procedures, appraisal and staff development provisions endeavour to ensure that employees have the skills and attributes necessary to meet the standards required in their post, issues of capability may arise. 1.2 The Capability Procedure is intended for use when an employees inability to meet the standards required is not due to misconduct. An employee may become incapable because of changes in their personal circumstances or because of changes in their job. In approaching such cases the University will seek to strike a balance between the needs of an employee to adapt to circumstances and the needs of the University to have work done to the necessary standard within a reasonable time. 1.3 A probationary review may indicate a mismatch in the skills of the new employee and the needs of the post. It is important that all employees are clear on standards of performance expected of them but this is of particular importance in respect of new employees. Regular monitoring of performance of new employees is essential to identify and address problems quickly. 1.4 Timescales in the capability procedure are of necessity variable as they depend on the particular circumstances of each case. Core principles apply: The employee is aware of the standards of performance expected. 1.4.2 The employee is made aware of any shortfall as objectively as possible with advice given as appropriate to help facilitate improvement. 1.4.3 The employee is given reasonable assistance and support to enable him/her to meet the standards. The employee is given reasonable time to make the necessary improvements. The employee is made aware of the consequences of not meeting the standards. 1.4.6 No action beyond an oral warning will be initiated against a representative of a recognised trade union until the appropriate full-time official is notified. 1.4.7 There is a need to ensure that this procedure is properly followed and complied with. Accordingly it is strongly recommended that the manager should discuss the circumstances of the particular case with a HR Business Partner and seek particular advice on procedural matters. People and Culture will be involved in the formal stage. This procedure may be varied where the University considers that it is necessary in order to ensure that the procedure followed is fair. Any such changes will be subject to consultation with the parties involved with a view to finding agreement on a way forward. The University reserves the right to digress from this procedure in so far as it may be inconsistent with its legal obligations as employer. In cases involving permanent staff undertaking new roles, the University will normally (not automatic) seek to return the individual to their previous position. (See Section 4.6.3 ii). Informal Procedure Where a manager/supervisor becomes aware of performance below that required an informal discussion should be held to ascertain the circumstances. This discussion should re-affirm to the employee what standards are expected and identify any shortfall as objectively as possible. An employee will be informed of the right to be represented or accompanied by a representative of a recognised trade union or University colleague at this meeting. The employee will be provided with support and assistance in overcoming those factors leading to poor performance. Such support may include use of procedures under the Universitys Family Friendly Policies, additional training, mentoring, counselling or any reasonable step that might be taken to improve performance and help the employee to reach the standards required. The manager/supervisor will identify an appropriate course of action and a reasonable period of time to give the employee an opportunity to improve. During this period there will be regular review of progress and written records will be held of meetings that take place. 2.2 Although staff have a normal expectation of annual progression up to the contribution threshold for their grade, this is subject exceptionally to established procedures for dealing with performance problems1. As such any forthcoming increment of salary will be withheld during the application of this Capability Procedure at the formal stages. 3. Formal Interview 3.1 The member of staff may request one adjournment on the grounds that they are unable to arrange representation for a hearing, or that on reasonable grounds they require more time to prepare their case. 3.2 Written records will be held of meetings that take place in relation to the issue. 3.3 Should there be no improvement or insufficient improvement over the period of time set a formal interview with the line manager will be held. The employee will be notified of the date of the formal interview giving at least five days notice and informing them of their right to be represented by a representative of a recognised trade union or University colleague. 3.4 The aims of this interview will be to: explain clearly the shortfall between the employees performance and the required standard. obtain the employees commitment to reaching that standard. identify the causes of poor performance and to determine what if any remedial treatment (eg training, retraining, support etc) can be given. set a reasonable time period for the employee to reach the standard, set a review date and agree on a monitoring system during that period and tell the employee what will happen if the standard is not met. 3.5 A written record of the formal interview will be made clearly indicating the outcome of the meeting in respect of the above points. The employee will be provided with a 1 As agreed by the Joint Negotiating Committee for Higher Education Staff in the Framework Agreement for the Modernisation of Pay Structures. copy of the record. Where a monitoring system has been put in place a written record should be made of any assessment made during the period. The employee should also be made aware of poor performance or improvements during the review period rather than waiting for feedback at the formal review meeting. 3.6 If the required improvement over the period of time set has been attained the line manager will meet with the employee to inform them accordingly. Normal monitoring of performance will continue. 4. Formal Review Meeting A Formal Review meeting will be held within 2 weeks of the review date established under 3.2.iv. The reviewers will be the Head of Department or Head of School, a People and Culture representative and another manager, (the Review Panel). The employee will be notified of the date of the formal review meeting, giving at least ten working days notice to allow the employee to arrange to be represented by a representative of a recognised trade union or university colleague. The Review Panel and employee will be provided with a written performance assessment by the line manager of the employees performance during the period with a statement of one of the following: That the employee has made some improvement but that the required standard of performance has not yet been met. That there has been no significant improvement and that consideration may be given to dismissal in the case of an employee who is still in his/her probationary period, or redeployment, downgrading or dismissal, in the case of an employee already confirmed in post. All relevant documentation will be provided to the employee and/or his/her representative (if possible, five working days prior to the hearing, but normally no less than three working days prior to the hearing). If, without good cause, the member of staff does not attend the hearing, the Panel shall proceed in his or her absence and shall permit their representative, if in attendance, to present the case. At the Formal Review Meeting the line manager will present the performance assessment giving evidence in support. The evidence provided will be linked to the criteria discussed at the previous meeting and stated as objectively as possible. The employee or his/her representative will also be given an opportunity to put his/her case. The Review Panels decision will be one of the following:  4.5.1 Where there has been some improvement but the standard has not been met, or where new issues have arisen during the review period, a further review period may be set. The degree to which a review period can be extended will be determined by factors such as length of service, personal circumstances and the likelihood of further review providing the necessary improvement. The nature of the work and the impact of poor performance on service provided will also be taken into account. Any subsequent review meeting will have the status of a Formal Review Meeting under this procedure and the Review Panel will be the same. 4.5.2 Where there has been no significant improvement but this is due to mitigating circumstances and the Review Panel considers it is reasonable, balancing the interests of the employee and the needs of the University, to set another review period, such a period will be set. Any subsequent review meeting will have the status of a Formal Review Meeting under this procedure and the Review Panel will be the same.  4.5.3 Where there has been no significant improvement, whether or not this is due to mitigating circumstances and the Review Panel consider that it is not reasonable, balancing the interests of the employee and the needs of the University, for another review period to be set. an employee who has not completed a probationary period will be dismissed. in the case of an employee who is already confirmed in post the Review Panel may recommend that the employee be redeployed to a post at the same grade or downgraded to a lower grade. The Review Panel may ask the People and Culture Directorate to report to it on any available post at the same or lower grade to which the employee could be redeployed. It may adjourn the Formal Review Hearing for this purpose and reconvene it within 15 working days. If such a post or posts are identified the employee will be given the choice of taking any such post or being dismissed. If no such posts are identified the employee will be dismissed. in the case of an employee who is already confirmed in post, if the Review Panel does not consider that the employee should be redeployed, the employee will be dismissed. The Review Panel will provide their final decision in writing giving reasons including where the required improvement has been made. This will be provided to the employee normally within ten working days of the decision being reached. 4.7 Where the Review Panel decision is that the employee should be dismissed, the dismissal will take effect immediately with pay in lieu of notice. The employee will be informed in writing of the reason/s for dismissal, the date on which employment will terminate and of the right to appeal. 5. Appeal The decision of the Review Panel may be appealed normally on the grounds specified in paragraph 5.3. The employee should submit an appeal in writing to the Head of HR Business Partnering within ten working days of notification of the Panels decision. The appeal must state the grounds on which it is made. Grounds for appeal against a decision of a Review Panel will normally come under one or more of the following headings: Further evidence not previously considered at an earlier stage Where the employee can demonstrate that certain material evidence relating to his/her performance was not available or could not have reasonably been made available to those conducting the performance review before the Review Panel reached its decision. Process or procedural aspects Where an employee can identify material issues pertaining to incorrect or inappropriate use of this procedure which may have influenced the outcome. Final decision not appropriate Where the Review Panels decision is inappropriate in light of the findings of the evidence and/or taking any mitigating circumstances into account. The Appeal Panel will be the appropriate Director or the Dean, a People and Culture representative and a member of Senate not employed by the University or a senior manager. Where the grounds of the appeal are not clear the Panel may ask for written clarification. The employee will be notified in writing of the date of the Appeal Hearing with at least five working days notice being given. All relevant documentation will normally be provided (if possible five working days prior to the appeal hearing, but normally no less than three working days prior to the appeal hearing). They will also be notified of their right to be accompanied by a representative of a recognised trade union or University colleague. The hearing of the appeal should normally take place within twenty working days of the appeal being lodged. In exceptional circumstances or by mutual agreement this period may be extended. 5.8 The Appeal Panel will consider submissions and representations from the employee and seek whatever clarification is necessary from any of those involved in the earlier stages to determine if the decision of the Review Panel is unsound on any of the grounds specified. 5.9 The Appeal Panel has the authority to confirm, increase, set aside or reduce any sanction imposed by the Review Panel. The Appeal Panels reasoned decision will be issued by the Head of HR Business Partnering (or nominee) in writing and shall normally be provided to the appellant within ten working days of the decision being reached. 5.9.1 Where the decision confirms the action of the Review Panel any sanction imposed will take effect from the date of the Review Panels decision. 5.9.2 Where the decision involves a variation of the action taken by the Review Panel the Appeal Panel will state the reasons for it and the operative date. Where an employee is reinstated following dismissal then the University will pay any arrears of pay for the period between the date of dismissal and date of appeal. 5.10 The decision of the Appeal Panel is final.     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