handbook/handbook-main/guides/process/people/capability_procedure.txt

# Capability Procedure

In cases where employees are not meeting the expectations that have been clearly defined to them, and after an expectation health check has been performed, we follow the [Acas Code of Practice on Discipline Procedures](http://www.acas.org.uk/publications).

## Expectation Health Check

Before we escalate to formal proceedings, an expectation health check will be performed by a Director. Capability Procedures usually include measures to identify and address issues, our expectation health check seeks to address issues before reaching that stage.

In the case where a health check has failed to address issues raised, a formal performance review procedure will be followed.

## Formal Performance Review

- Step 1: If it is decided a formal performance review must be carried out, Made Tech will notify the employee in writing of the reasons why and be invited to a meeting to discuss the problem.
- Step 2: Made Tech will then hold the meeting to discuss the problem, allowing the employee to present their case. The employee has the right to bring a companion* with them.
- Step 3: Made Tech will then decide on appropriate action to be taken. If it is decided that the employee has been performing unsatisfactorily, the employee will be given a written warning that includes the details of the performance issue, and the timescale in which the issue must be addressed.
- Step 4: If the issue has not been rectified within the time period, a final written warning will be issued stating another timescale in which the issue must be addressed and the consequences if the issue is not addressed.

\*Companion can include a paid official of a trade union, a lay trade union official that can provide evidence of experience in these matters, or a colleague. In certain circumstances we may also allow representatives from other organisations if particularly relevant to the grievance such as Citizens Advice Bureau.

## Consequences of a not addressing a final written warning

The most likely consequence of not addressing concerns within the time period set out in a final written warning will be dismissal. Other consequences may include demotion or loss of seniority.

The employee will be informed as soon as possible of the reasons of their dismissal, the date on which the employment contract will end, the appropriate period of notice and their right to appeal.

Where an employee feels that the decision of dismissal is wrong or unjust they should appeal against the decision. Appeals will be heard within a reasonable timeframe in the form of a meeting. Employees should let Made Tech know the grounds for their appeal in writing. Employees have the right to be accompanied in their appeal meeting. Made Tech will then notify the employee in writing the results of the appeal hearing as soon as possible.