Performance and Capability Policy


We believe that it is important that the performance of the organisation and the individuals working for us should be kept under review to ensure that everyone is working towards our shared objectives in the most productive way possible. This document sets out the policy and procedure operated by us to address:
Performance
Genuine persistent, intermittent short term absence and
Long term ill health absence

Performance review – generally

The purpose of reviewing performance is to help ensure that both the employer and employee are content with progress and so that any concerns by either party can be addressed and action taken where appropriate for the benefit of the employee and the organisation.

We aim to promote continuous improvement across the organisation and job satisfaction through supporting development and progression.

The benefits of keeping performance under review include:

  • Employees are assisted in performing their jobs to the best of their ability, maximising their job satisfaction and their contribution to the organisation’s objectives.
  • Individual training and development needs are identified and actioned.
  • The potential that each individual has to develop within their current or a future position is discussed.

Performance review meetings will take place on a regular basis, times to be notified via email and a notice in staff room. Any cancelled sessions should be re-booked for as soon as possible to maintain the regularity.

Reviews should take place in a private and uninterrupted space during the working day.

The immediate Line manager will complete the performance review, i.e. the room Co-ordinator will hold the review with the Practitioners and the Deputy Manager/Manager with the Co-ordinator.

It is the responsibility of the person leading the review to take notes and record any agreed actions, which will be signed by both parties and then kept in Staff Individual Personnel Files.

It is important that the Co-ordinator/Manager/ Deputy Manager ensures that agreed actions are reviewed and agreements followed up in future sessions.

An Annual Performance Appraisal will also be conducted by the director and this will usually require completion of a self-evaluation form by each member of the team. The notes from the monthly performance reviews will assist in this process. All notes and records made will be stored confidentially in accordance with our Data Protection Policy for Employees.

At a performance review session, you can expect:

  • To be able to raise any matters of concern to you.
  • To discuss work and agree targets.
  • To have any training needs assessed.
  • To receive guidance and support.

Unsatisfactory performance / Persistent intermittent short term absence

Managers should address any underperformance issues/ intermittent absences with staff at as early a stage as possible. Where possible instances of unsatisfactory performance / intermittent absence will be dealt with informally. Where failure to perform is more serious or informal steps are not enough to bring your performance/attendance to a satisfactory level, formal action may be taken.

The first stage in such action is an investigation into the nature of and reasons for underperformance/short term absences.

Level 1— improvement notice / written warning

Where appropriate, you will be issued with an improvement notice / written warning containing the following information:

  1. an explanation of the reasons for the notice being issued;
  2. an explanation of the improvements in performance/attendance required;
  3. the timescale for making these improvements (referred to as the review period);
  4. any support we will provide to assist you;
  5. an explanation of the consequences of any repetition of the poor performance or poor attendance; and
  6. advice as to your right to appeal against the decision to issue an improvement notice / written warning.

During the review period, your performance/attendance will be monitored and at the end of the review period, we will inform you of the next step:

  • if we are satisfied that you have met the requirements set out in the notice, no further action will be taken;
  • if we are not satisfied that you have met the requirements set out in notice, further action may be taken; or
  • where appropriate, the review period may be extended.

An improvement notice issued under this policy will normally remain in force for six months and a copy of the notice will be kept on your personnel record. It will normally be disregarded for capability purposes after a period of six months, or any other period specified in the improvement notice, subject to satisfactory performance during that time, but will form a permanent part of your personnel record.

Level 2 — final written warning

If you fail to meet the requirements set out in the improvement notice, or where the poor performance/attendance is sufficiently serious to warrant it, a final written warning may be given to you. It will give the following information:

  1. an explanation of the reasons for the warning;
  2. an explanation of the improvements required;
  3. the timescale for making these improvements (referred to as the review period);
  4. any support we will provide to assist you;
  5. an explanation that any repetition of the poor performance or failure to improve your performance or attendance to the required level will render you liable to dismissal; and
  6. advice as to your right to appeal against the decision to give you a final written warning.

During the review period given in the final written warning, your performance will be monitored and at the end of the review period you will be informed of the next step:

  • if we are satisfied that you have met the requirements set out in the final written warning, no further action will be taken;
  • if we are not satisfied that you have met the requirements set out in the final written warning, further action may be taken; or
  • where appropriate, the review period may be extended.

The final written warning will normally remain in force for 12 months and a copy of the final written warning will be kept on your personnel record. The final written warning will normally be disregarded for capability purposes after 12 months, subject to satisfactory performance/ attendance during that time, but will form a permanent part of your personnel record.

Level 3 — dismissal

If you fail to meet the requirements set out in the final written warning, dismissal will normally result. There may also be very exceptional circumstances where the failure to perform/attendance is sufficiently serious to warrant dismissal without previous warnings. The statutory procedure set out in the Disciplinary & Dismissal Procedure will be followed where the dismissal of an employee is contemplated.

You will be provided with written confirmation of the dismissal as soon as reasonably practicable afterwards. This will set out:

  1. details of the reason for the dismissal;
  2. the date on which the employment terminated or will terminate;
  3. the appropriate period of notice or pay in lieu of notice (if any); and
  4. information on how to appeal against the dismissal.

Long term absence

Where you have been on long-term absence due to ill-health, we aim to encourage and assist you to return to work if possible. Where appropriate, we will consider redeployment or retraining and/or reasonable workplace adjustments. It should be stressed that, since the circumstances of each case are likely to be different, the action taken in each case will be the action that is appropriate, taking into account the particular circumstances.

If not already known, we will ascertain the reason for the absence from you (by way of a meeting with you, if possible). If you are not at work, this meeting may need to take place at your home at a time and date convenient to you. If that is not possible, it may need to take place by telephone.

We may seek to understand your medical condition by seeking consent from you to obtain a report from:

  1. your GP or consultant; and/or
  2. the organisation’s own doctor, an independent occupational health consultant, an occupational health adviser from the Government’s Fit for work service (where appropriate) or another appropriate medical adviser.

The opinion of your GP or consultant, or any other medical adviser, may be obtained on relevant matters which may include the following:

  1. the nature of your illness;
  2. how long the illness is likely to last;
  3. if, and when, you will be able to return to your current role;
  4. whether there are any reasonable adjustments the Company should make to assist you in a return to work; and
  5. whether your illness falls within the definition of disability in terms of the Disability Discrimination Act 1995.

This is a non-exhaustive list, and any request for a report will be tailored to the individual circumstances of each case. We cannot compel you to give consent to us obtaining a medical report but if you withhold your consent we may reluctantly have to take decisions regarding your employment with us without the benefit of expert medical opinion.
We will seek to meet with you to discuss the terms of the medical reports obtained and any recommendations made in them, including whether any measures can be taken by us to assist you in returning to work and your own view on the situation.

If the advice in the medical reports is, for example, that you are fit to return to work, or will be fit to return to work within a manageable period, or may be fit to return if measures can be taken to assist you in returning to work, we may seek to put in place a return to work programme which will describe any steps to be taken, any stages of a phased return to work (eg shorter working hours or different working arrangements), and the timescale for achieving this.

If it is not possible to put in place a return to work programme (eg because the advice in the medical reports is that you will not be fit to return to work, or that it will be some considerable time before you are able to return to work, or if the return to work programme is unsuccessful, we may need to move to more formal action. If termination of employment is being considered, the statutory procedure set out in the Disciplinary & Dismissal Procedure will be followed.

Recording of meetings

Meetings conducted with you during your employment (e.g. an informal discussion, disciplinary, grievance, appraisal meeting) must not be recorded without prior permission, which will not be given unless there are exceptional circumstances. Where there is a degree of formality regarding the meeting, a note will be taken and you will be entitled to review and comment upon the notes.