Staff Handbook Section 12 - Individual Capability and Performance
Index to Section 12
1. The College recognises that during your period of employment your capability to carry out your duties may deteriorate. This can be for a number of reasons; the most common ones being either that the job changes over a period of time and you fail to keep pace with the changes, or you yourself change (most commonly for health reasons) and can no longer cope with the work.
2. If the nature of your job changes the College will make every effort to ensure that you understand the level of performance expected of you and that you receive adequate training and supervision so that you can maintain or enhance your performance. If the College has concerns regarding your capability these will be discussed in an informal manner and you will be given time and opportunity to improve. The College will also consider the possibility of a transfer to more suitable work if possible. If necessary your performance may be reviewed under the Improved Performance review Procedure details of which can be found later in this section.
3. Personal circumstances may arise which, whilst not preventing you from attending for work, do prevent you from carrying out your normal duties (e.g. a lack of dexterity or general ill health). If such a situation arises, the College will normally need to have details of your medical diagnosis and prognosis so that it has the benefit of expert advice. Under normal circumstances this can be most easily obtained by asking your own doctor for a medical report. Your permission is needed before the College can obtain such a report and you are expected to co-operate in this matter should the need arise. When the College has obtained as much information as possible regarding your condition and after consultation with you, a decision will be made about your future employment with the College in your current role or, where circumstances permit, in a more suitable role.
4. There may also be personal circumstances that prevent you from attending work, either for a prolonged period(s) or for frequent short absences. Under these circumstances the College will need to know when your attendance record can be expected to reach an acceptable level and, again, this can usually be most easily obtained by asking your own doctor for a medical report. When the College has obtained as much information as possible regarding your condition, and after consultation with you, a decision will be made about your future employment with the College in your current role or, where circumstances permit, in a more suitable role.
IMPROVED PERFORMANCE REVIEW PROCEDURE
5. This procedure runs parallel with, but is not part of, the Disciplinary Procedures. The College recognises that poor job performance and incapability cannot be treated as 'disciplinary offences'. These procedures will apply to employees who have completed their probationary periods.
6. Probationary employees will only receive one formal warning for poor performance under the Improved Performance Review Procedure during their probationary service. If the Employee's performance fails to meet the required standard after the formal warning, then the Employee will be liable to dismissal with due notice or payment in lieu. There will be no right of appeal against any such decision to dismiss in such circumstances.
7. The first stage in dealing with poor job performance is to determine whether the matter is of a disciplinary or capability nature. This can be ascertained by counselling or investigation. Incapability is where the Employee has been set realistic targets/objectives and cannot achieve them through no fault of his/her own. An example of capability is failure due to medical conditions. If objectives are highlighted but the employee fails to take action of which he/she is capable, it will be treated under the Disciplinary Procedure as an act of Misconduct.
8. Stages of the Procedure
a. Initial counselling session. The cause of the poor performance will be investigated and established-for example; it could be lack of skills, training, support staff, or tools. The Head of Department carrying out this initial counselling will give factual examples of the matters under review. The employee will be asked for his/her explanation for their poor performance.
b. Formal warnings. Where, despite assistance the Employee is unable to reach the required standard the consequences of any failure to meet the required standard should be explained in writing. This will take the form of the following:
i. Stage one - recorded oral warning. The employee will be fully informed of the precise nature of the poor performance, the level of improvement required and the time limit for achieving that improvement, review periods during the currency of the warning, the consequences of failure to achieve or maintain the improvement and the length of the warning.
ii. Stage two - first written warning. If there is no improvement or not sufficient improvement or it is not maintained for the period stated above, the employee will be given a first written warning setting out the details as set out above in the oral warning.
iii. Stage three - final written warning. If there is no improvement or not sufficient improvement or it is not maintained for the period stated above, the employee will be given a final written warning setting out the details as set out above in the first written warning including that failure to improve may result in dismissal.
It is usual for oral and first written warnings to have a time limit of 6 months, and 12 months for a final written warning. In each case, the College will specify the length of the warning, but reserves the right to extend the length of it in appropriate circumstances
c. Dismissal. If there is still no improvement or insufficient improvement or it has not been maintained for the period stated above, the employee will normally be dismissed with notice or if necessary pay in lieu, but only if it is appropriate after a search has been made in order to find alternative work.
d. Appeals. The same appeals procedure as set out in the College's rules for Summary Dismissal, will be used.
Where an employee is promoted, the consequences of' 'failing to make the grade' should be explained. In some cases, the employee will be promoted on the basis of a probationary period, with the condition that the College has the right to transfer or downgrade the employee should they fail to satisfy his/her immediate manager that he/she is competent in the promoted post. In other cases, the 'promoted' employee will remain on the same grade and salary for the duration of the probationary period and will receive an 'acting up' allowance during such time. If the probationary period is not confirmed, the employee will not transfer to the higher grade.
TOP
