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Managing Capability - Formal Action

If the initial assessment indicates that there are grounds for taking formal action over alleged poor performance, or if the employees performance does not improve within the agreed timescales, the employee will be required to attend an appropriate capability hearing (from stage 1 to 3).

formal capability

In preparation for the meeting you should:

  • Notify the individual in writing the specific concerns, the reasons for the concerns over their performance, and the likely outcome if it is decided after the hearing that the performance is unsatisfactory. If appropriate, prepare a summary of the relevant information gathered as part of the assessment
  • Where appropriate, collate and include any relevant supporting documents e.g. PADRs, Informal Discussion Records and witness statements.   These should be included with the letter and sent to the employee
  • Consider what questions you should ask during the hearing that may help to clarify issues
  • Consider whether any witnesses will be required and check availability

The typical format for a capability hearing is described in the flowchart below:


conducting a capability hearing

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