3.2
If you wish to discuss this or inform us of any medical condition you consider relevant, you should contact your line manager or Luke Wellings.
4.
CONFIDENTIALITY
4.1
Our aim is to deal with performance matters sensitively and with due respect for the privacy of any individuals involved. All employees must treat as confidential any information communicated to them in connection with a matter which is subject to this capability procedure.
4.2
You, and anyone accompanying you (including witnesses), must not make electronic recordings of any meetings or hearings conducted under this procedure.
4.3
You will normally be told the names of any witnesses whose evidence is relevant to your capability hearing, unless we believe that a witness's identity should remain confidential.
5.
NOTIFICATION OF A CAPABILITY HEARING
5.1
If we consider that there are grounds for taking formal action over alleged poor performance, you will be required to attend a capability hearing. We will notify you in writing of our concerns over your performance, the reasons for those concerns, and the likely outcome if we decide after the hearing that your performance has been unsatisfactory. We will also include the following where appropriate:
(a) A summary of relevant information gathered as part of any investigation.
(b) A copy of any relevant documents which will be used at the capability hearing.
(c) A copy of any relevant witness statements, except where a witness's identity is to be kept confidential, in which case we will give you as much information as possible while maintaining confidentiality. We will give you written notice of the date, time and place of the capability hearing. The hearing will be held as soon as reasonably practicable, but you will be given a reasonable amount of time, usually two to seven days, to prepare your case based on the information we have given you.
5.2
6.
RIGHT TO BE ACCOMPANIED AT HEARINGS
6.1
You may bring a companion to any capability hearing or appeal hearing under this procedure. The companion may be either a trade union representative or a colleague. You must tell the manager conducting the hearing who your chosen companion is, in good time before the hearing.
6.2
A companion is allowed reasonable time off from duties without loss of pay but no- one is obliged to act as a companion if they do not wish to do so.
6.3
If your companion is unavailable at the time a hearing is scheduled and will not be available for more than five working days we may require you to choose someone else. We may, at our discretion, allow you to bring a companion who is not a colleague or union representative (for example, a member of your family) where this will help overcome a particular difficulty caused by a disability, or where you have difficulty understanding English.
6.4
7.
PROCEDURE AT CAPABILITY HEARINGS
7.1
If you or your companion cannot attend the hearing you should inform us immediately and we will usually arrange an alternative time. You must make every effort to attend the hearing, and failure to attend without good reason may be treated
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