1. Performance Management – Part 3 BCUHB Capability Procedure (WP3A) 69

2. Principles of the Policy The right of employees to be treated fairly and equally and with dignity and respect Employees have a contractual responsibility to perform their duties to a satisfactory level and should be given support and encouragement to do so Managers and employees have a responsibility, for agreeing realistic and measurable standards of performance 70

3. Scope Policy is applicable to all employees, employed in the BCUHB, except Medical and Dental staff where specific arrangements apply in cases of professional conduct or competence 71

4. Rights of Accompaniment All employees have the right to be accompanied by a Trade Union representative or a Workplace colleague, at all formal stages of the procedure 72

5. Identification of a Capability Issue Responsibility of the Line manager to establish if an issue exists Potential Indicators Complaints or criticisms from colleagues, suppliers, visitors, patients etc Has an investigation identified issues Is there evidence of inadequate performance What are the managers own observations Has the employee asked for help to overcome an issue? 73

6. Identify any underlying issues Health and/or domestic issues Bullying/harassment Inadequate resources to do the job Insufficient training or the need for further training 74

7. Invoking the Procedure Paragraph 6.3 ‘A decision to invoke this procedure, even at the preliminary informal stage should not be a surprise to the employee who should already be aware of issues of performance having discussed these with the Line Manager previously. 75

8. Initial Discussion -Appropriate for first instance of poor performance -Clarify level of performance expected and explore the difficulties they are having -Explore the reasons why the standard of performance is not being achieved -Explain the difficulties/issues the unsatisfactory performance is causing -Agree an Action Plan 76

9. Following initial discussion -The employee must be informed that where the required improvement is not forthcoming, they will progress to the First Formal Interview stage of the procedure 77

10. First Formal Interview (Paragraph 8) Where performance issues continue after the initial discussion, or where there is a failure to reach and sustain the required standard, a formal interview will be held. At this stage, the procedure may be referred to a more senior manager within the directorate. Remember -Their right to be accompanied -14 calendar days notice 78

11. First Formal meeting, the manager must: (See Paragraph 8.4) Clarify the level of performance expected and explore the difficulties they are having; Explore the reasons why the standard of performance is not being achieved, and the Need to improve it. Explain the difficulties/issues the unsatisfactory performance is causing and identify any ongoing issues which may effect the employee’s ability to meet the required standards Review, with the employee, progress against the action plan. If progress is satisfactory, the manager and employee will agree how and when the performance will next be reviewed. 79

12. First Formal (cont) At the conclusion of the interview, it must be made clear that failure to attain and maintain the improvement required may result in redeployment, downgrading or termination of employment being considered. The outcome of this meeting will be confirmed in writing within seven calendar days of the meeting and a copy retained on the employee’s personal file. It must be made clear to the employee that this is not a disciplinary meeting but is a record of a formal interview that has taken place. 80

13. Second Formal Interview – (Paragraph 9) Where there is a failure to achieve or maintain the improvement required – the matter should be referred to the appropriate Senior Manager In such circumstances 2 nd Formal Interview should be undertaken – action taken should be in accordance with sections 8.2 and 8.3 of the policy During the meeting Clarify the level of performance expected and explore the difficulties they are having Explore the reasons why the standard of performance is not being achieved and the need to improve - See Paragraph 9 81

14. Conclusion of Second Formal Interview Must be made clear that failure to attain and maintain the improvement required may result in redeployment, downgrading or termination of employment being considered. Outcome of this meeting will be confirmed in writing within seven calendar days of the meeting. It must be made clear to the employer that this is not a disciplinary meeting but as a record of a formal interview that has taken place. 82

15. Redeployment/Downgrading It is mutually agreed at any stage in the process that redeployment/downgrading is in the best interests of both the employee and the Organisation, every effort will be made to find a suitable appointment. What you need to consider (Paragraph 10) -Temporary redeployment -Permanent deployment 83

16. Timescales for Achieving Improvements Paragraph 11 Dependent on various factors. As a guideline the timescales to achieve the improvement Should normally be no more than 3 months. 84

17. Review Periods (Paragraph 12) ‘Where an employees performance improves to the required standard(s) and is sustained For an agreed period of up to six months following the initial discussion of formal process, then the review process will cease’. 85

18. Termination of Employment (Paragraph 13) -Following the Second Formal Interview and subsequent review period, and where an improvement to the degree required has not been achieved, termination of employment will be considered. This will take account of all previous action that has been taken in an attempt to improve the employees performance. -What to take account of when making this decision (Paragraph 13.2) 86

19. If Termination is appropriate The Manager must discuss their proposed course of action with a Senior member of the HR team. Appropriate HR support will be provided at the meeting. Employee must be advised of: The purpose of the meeting which is consideration of termination of employment Their right to be accompanied by an official of a recognised trade union or staff organisation or by a workplace colleague and Their right to respond 87

20. Prior to the Termination Meeting At least 14 calendar days written notice will be provided of the arrangements, together with all notes of previous discussions where the employee has failed to meet the agreed standards. 88

21. Appeal Write of appeal against termination – must do so in writing to the Director of Workforce & OD within 14 calendar days of the date of the letter informing them of the decision. This letter must clearly state the grounds for their appeal. The appeal should be heard wherever possible within 28 calendar days of receipt of the notification. 89