When are capability procedures used?
Capability procedures should provide a way of supporting you if your performance is below the expected standard.
Employers should not use the capability procedure to address misconduct or wilful acts – they should use disciplinary procedures instead.
If you’ve made a drug error/errors, this should usually be managed under capability procedures as drug errors are not normally wilful acts of misconduct.
Capability issues may also arise because of long term and persistent ill-health or sickness absence. These issues are usually dealt with under 'managing sickness absence' policies. Please note: If there are performance issues at work or if you go on sick leave due to menopausal symptoms, the employer has clear duties under the Equality Act 2010 not to discriminate against you. Employers can risk facing claims for sex, disability & age discrimination if they fail to properly support their female employees during this difficult time. Contact us if you feel you are not having the right support.
If you have been told that your performance is an issue, you should check your employer's written policies on the topic as soon as possible. If you work in the NHS, the NHS Employers website offers guidance to managers about the processes that should be followed. If you work outside the NHS, take a look at the ACAS booklet titled How to manage performance for best practice guidance.