as misconduct. If you fail to attend without good reason, or are persistently unable to do so (for example, for health reasons), we may have to take a decision based on the available evidence including any written representations you have made. The hearing will normally be held by your line manager or a more senior manager. You may bring a companion with you to the hearing (see paragraph 6). Your companion may make representations, ask questions, and sum up your case, but will not be allowed to answer questions on your behalf. You may confer privately with your companion at any time during the hearing. You may ask relevant witnesses to appear at the hearing, provided you give us sufficient advance notice to arrange their attendance. You will be given the opportunity to respond to any information given by a witness. However, you will not normally be permitted to cross-examine witnesses unless, in exceptional circumstances, we decide that a fair hearing could not be held otherwise.
7.2
7.3
7.4
The aims of a capability hearing will usually include:
(a) Setting out the required standards that we believe you may have failed to meet, and going through any relevant evidence that we have gathered.
(b) Allowing you to ask questions, present evidence, call witnesses, respond to evidence and make representations.
(c) Establishing the likely causes of poor performance including any reasons why any measures taken so far have not led to the required improvement.
(d) Identifying whether there are further measures, such as additional training or supervision, which may improve performance.
(e) Where appropriate, discussing targets for improvement and a time-scale for review.
(f) If dismissal is a possibility, establishing whether there is any likelihood of a significant improvement being made within a reasonable time and whether there is any practical alternative to dismissal, such as redeployment. A hearing may be adjourned if we need to gather any further information or give consideration to matters discussed at the hearing. You will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened. We will inform you in writing of our decision and our reasons for it, usually within one week of the capability hearing. Where possible we will also explain this information to you in person.
7.5
7.6
8.
STAGE 1 HEARING: FIRST WRITTEN WARNING
8.1
Following a Stage 1 capability hearing, if we decide that your performance is unsatisfactory, we will give you a first written warning, setting out:
(a) The areas in which you have not met the required performance standards.
(b) Targets for improvement.
(c) Any measures, such as additional training or supervision, which will be taken with a view to improving performance.
(d) A period for review.
(e) The consequences of failing to improve within the review period, or of further unsatisfactory performance.
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