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  • 1,500+ Business Documents - Capability procedure
    Capability procedureDealing with an employee's poor performance can be particularly difficult where you know they are simply incapable of fulfilling the tasks and duties expected of them in their role, so they aren't really to blame. Our capability procedure ensures you deal with the problem both fairly and sympathetically.What is capability?Capability essentially refers to an employee's skills, ability and knowledge in relation to their job. Where capability is lacking, this usually leads to unsatisfactory...
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  • 1,500+ Business Documents - Letter following poor performance appeal meeting
    Letter following poor performance appeal meetingAfter the poor performance appeal meeting, you will need to formally notify the employee in writing of the outcome. The decision on an appeal is normally final unless your capability procedure specifically contains a right of further appeal to a higher level of management.Notification of the outcomeUse our Notice of Poor Performance Appeal Meeting to arrange an appeal meeting in circumstances where an employee has appealed under your capability procedure, whether...
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  • 1,500+ Business Documents - Letter of dismissal on long-term incapacity grounds
    Letter of dismissal on long-term incapacity groundsUse our letter when dismissing an employee due to long-term sickness absence. You must first have followed a fair dismissal procedure, including obtaining medical evidence and consulting with the employee and considering the severity of the impact that the employee's continued absence is having on your business. Confirmation of dismissalLong-term sickness absence can amount to a fair reason for dismissal on the ground of lack of capability. However, for a dismissal...
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  • 1,500+ Business Documents - Notice of poor performance appeal meeting
    Notice of poor performance appeal meetingIf you deny an employee the right to appeal against a poor performance warning or dismissal, you will be acting unfairly and in breach of the Acas Code of Practice on Disciplinary and Grievance Procedures. Use our notice of poor performance appeal meeting letter when an employee appeals against your performance management decision, to inform them of the date and time of the appeal meeting.An appealing decisionOnce you've made your decision to formally warn the employee...
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  • 1,500+ Business Documents - Dismissal due to poor performance
    Dismissal due to poor performance When you want to confirm a dismissal on the ground of poor performance, you will need our dismissal letter. This is the final sanction for a lack of capability that isn't the employee's fault. Potentially fair dismissal reasonUnder the Employment Rights Act 1996 one of the five potentially fair reasons for dismissal is capability, which is defined in the legislation as meaning the employee's "capability assessed by reference to skill, aptitude, health or any other physical or...
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  • 1,500+ Business Documents - Warning-final warning of poor performance
    Warning/final warning of poor performanceFollowing a review meeting, if you want to formally warn the employee about their performance, you will need to issue a performance warning. This should give the employee a reasonable period of time in which to improve and warn them that a failure to do so could lead to a final performance warning and ultimately their dismissal.Fair warningThe warning should explain the nature of the employee's unsatisfactory performance and to what levels they need to improve (making...
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  • 1,500+ Business Documents - Meeting request following long-term incapacity
    Meeting request following a period of long-term incapacityOnce you've obtained a medical report, the next stage is to arrange a meeting with your absent employee to discuss its contents and any recommendations that it makes. In particular, you should explore when the employee might be fit to return to work and what adjustments you could make to work arrangements or practices in order to enable them to return.A detailed discussionOnce you have properly informed yourself of the employee's current state of health...
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  • 1,500+ Business Documents - Notice of performance review meeting
    Notice of performance review meetingIt's possible to deal with performance issues through your disciplinary procedure. However, where the issue is one of "can't perform" (due to lack of capability) as opposed to "won't perform" (for example, because of negative attitude problems or laziness), then you might opt for a performance review procedure which is aimed at assisting the employee to improve their performance, rather than seeking to attach blame.A fair capability dismissalIt's a potentially fair reason...
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  • 1,500+ Business Documents - Notification of long-term incapacity meeting
    Notification of long-term incapacity meetingWhen you reach the point that you're considering dismissing an employee on the grounds of long-term incapacity, you will need to set up a formal meeting to consult about your proposals before taking your final decision. This is an essential requirement of general fairness.A fair incapacity dismissalLong-term sickness absence can be a fair reason for dismissal. However, for a dismissal to be fair in practice you will need to show that the employee's long-term absence...
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  • 1,500+ Business Documents - Notification of long-term incapacity dismissal appeal meeting
    Notification of long-term incapacity dismissal appeal meetingAn employee has no statutory right to appeal against a dismissal on long-term incapacity grounds. However, it's preferable still to give the employee an opportunity to appeal as part of an overall fair dismissal procedure. Use our letter to inform them of the date and time of the appeal meeting.On appealWe recommend that, to comply with general principles of fairness, you allow the employee the chance to appeal against any decision reached to dismiss...
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